Stratified Property Management: Islamic Aspect

Abstract

Stratified property management encompasses various activities. Amongst others, it seeks to control interests in the property taking into consideration the short and long term objectives of the parcel owner and particularly for the purpose of which the property is being held. In Malaysia, there are various issues relating to the management of multi storey development in the civil law perspective which fails to be resolved. The objective of this paper is to focus on some of the views on management from the Islamic perspective which can be considered and adapted in the management of multi storey development in Malaysia. The research method used in writing up this paper is the qualitative research in which it will be based on revealed sources of Al-Qur’an, Al Hadith and writings of the traditional jurists as well as contemporary writers in Islamic jurisprudence. The finding of this paper is that there has been no direct principle that demonstrates management of stratified properties from the Islamic perspective. In this context, it is hope that if members of the Joint Management Body (“JMB”) and Management Corporation (“MC”) can emulate and apply the qualities and practices of the Muslim scholars and Shariah teachings, the writer is of the view that the management of the JMB and MC will become more effective and equitable. Hence, it is believed that with the practice of the Islamic values, qualities and Shariah teachings by the JMB and MC in managing the stratified property, it will assist the JMB and MC in performing their responsibilities for the utmost benefit of all the parties concerned.