Investigation of Issues and Recommendations for a Better Management of Waqf Disputes in Sri Lanka

Abstract

Waqf is a crucial instrument for providing socio-economic assistance in various sectors, including social finance, health, education, and socio-religious practices. It indicates that there are different levels of effectiveness in fulfilling socioeconomic needs, and this could be primarily associated to the effective and proper management of waqf. Post-amendment to the Waqf Act in Sri Lanka in 1982, there has been a significant increase in disputes and issues related to waqf in Sri Lanka, involving its managers, stakeholders, and various parties. As a result, over 5,000 waqf cases are currently unresolved at the Waqf Board of Sri Lanka, involving numerous accusations of corruption, mismanagement, misappropriation, and underuse of mosques and waqf properties. The challenges can be connected to the inadequate management of Sri Lanka's fundamental waqf administration and legal system. This study employs a qualitative approach for data collection and analysis to understand the issues. It gathers data from various sources, including books, theses, journal articles, and other relevant materials, especially legislation and legal reports. This study primarily focuses on providing brief descriptions of case studies and waqf conflicts in Sri Lanka. The findings include the most common categories of disputes, their primary causes, methods for dispute prevention, the waqf tribunal's resolution and settlement procedures, and the relevant laws. To further advance waqf in Sri Lanka, this study evaluates the operation of waqf tribunals in other jurisdictions. It is recommended that the Board may consider waqf disputes highlighted by amendments to the law and effective administrative procedures of the tribunal to minimize and prevent waqf conflicts, with the assistance of Shari'ah scholars. This study indicates that the recommendations might assist waqf administrators in Sri Lanka in attaining appropriate waqf management. Sri Lanka needs to develop a proficient waqf dispute resolution system. Keywords: Waqf Dispute, Recommendation, Management, Tribunal, Sri Lanka