Legal Framework Governing Waqf Implementation in Malaysian Universities: Lessons Learnt from Turkish Legal Frameworks

Abstract

At present, there is no precise legal framework in governing waqf implementation in Malaysian universities. Under the existing Malaysian legal provisions, the State Islamic Religious Council (SIRC) is the sole trustee of waqf either waqf am or waqf khas. Thus, in creating waqf, universities must get the permission from the SIRC beforehand even though they are governed under their own higher education laws. Nevertheless, SIRC in each state does not provide a clear framework on how universities based on waqf should be governed as they are under the power of Minister of Higher Education. Consequently, there are various ways of implementing waqf in Malaysian universities, as well as, no standard framework on the management of these institutions. Likewise, in Turkey, there are comprehensive laws regulating their waqf (foundation) universities as well as their waqf universities management. This study has incorporated qualitative and exploratory approaches. In summary, the researchers opine that the existing legal frameworks governing the implementation of waqf in Malaysian universities require some enhancement and improvement to suit the need of the institutions. In fact, the reference could be made to Turkish frameworks as they have the best model to be learnt and adopted in Malaysian context wherever appropriate.