Majlis Agama Islam Research Articles

Modelling the Database Development for Waqf Land in District of Melaka Tengah Malaysia

The development of waqaf land database is an agenda that is increasingly given significant attention by the agency or institution around the world as that is the driving force to improving for management dan administation waqaf land. However, waqaf institutions have not yet been seen as institutions that can solve the management and administration problems of waqaf land. This is because there are problems in terms of registration and good procedures including in the State of Malacca. This study will comprehensively look at the waqaf system according to the latest technological developments such as the use of Geographic Information System (GIS) software. The method of interviewing those who are directly involved with waqf institutions, namely Majlis Agama Islam Melaka (MAIM) officials, land administrators at land officers and local authority officials has been conducted. In addition, site visits are also carried out on waqaf land or buildings. The results of the study shows that many data and documents related to waqaf are incomplete and not updated as they should be. MAIM is facing difficulties in developing its waqaf land due to the problem. Finally, this study presents some suggestions that can help strengthen the management and administration of MAIM such as prioritizing the waqaf land database system like the use of Mapinfo software for recording purposes. It can only be achieved if the lack of integration, lack of coordination and waqaf procedures can be overcome, then waqaf land registration can be collected and consolidated.

Admissibility of Non-Muslim’s Witness Statement in Syariah Court: A Comparison Between Nyonya Binti Tahir and Kaliammal a/p Sinnasamy

In January 2006, the landmark judgment made by the Syariah High Court of Seremban in the case of Nyonya Binti Tahir, Ex P Majlis Agama Islam Negeri Sembilan & Yang Lain that Nyonya Binti Tahir was no longer a Muslim at the time of her death and allowed her family to carry out her funeral. The decision was held after the Syariah High Court Judge considered the deceased affidavit and the testimonies of the deceased children who are non-Muslims. The decision contrasted with one made in December 2005, Kaliammal a/p Sinnasamy v. Pengarah Jabatan Agama Islam Wilayah Persekutuan (JAWI) dan lain-lain, in which the Federal Territories of Syariah High Court determined that the deceased, Mount Everest climber Moorthy a/l Maniam, was a Muslim based on a military record, despite not having heard the testimony from his wife, Kaliammal. The Syariah Court of the Federal Territories refused to hear her testimony since she did not have any stand to testify in court. This case commentary critically analyses the rationale behind the Syariah High Court’s decision in the following case Nyonya Binti Tahir, Ex P Majlis Agama Islam Negeri Sembilan & Yang Lain in admitting non-Muslim testimony in the Syariah court.

Distribution of Zakat during the Pandemic COVID-19 in the State of Perak: An analytical studies from the perspective of Maqasid Al-Shariah

This article aims to analyze the initiative of zakat distribution by Majlis Agama Islam dan 'Adat Melayu Perak (MAIPk) to the Asnaf and the affected communities during the COVID-19 pandemic in Perak in compliance with the Maqasid al-Shariah framework. This study adopts a qualitative study approach by conducting an analytical analysis of documents and interviews with the representatives of MAIPk. The documents were, therefore, critically reviewed by the researchers to achieve the objective of the study. The findings indicate that the MAIPk has effectively taken many initiatives to manage zakat collection and distribution to deal with the COVID-19 crisis. Therefore, the zakat schemes provided by the organization have resulted in adhering to the principle of Maqasid al-Shariah, as mentioned in Islamic law.

Management of cash waqf fund generation through the implementation of istibdal in Kedah

PurposeThe purpose of this study is to examine the management of cash waqf fund generation through the implementation of istibdal in Kedah.Design/methodology/approachThe data are obtained through literature and empirical data. The authors first review the literature on the importance of waqf fundraising, the implementation factors of istibdal waqf and the relevance of istibdal method as a waqf fund generation medium to understand the extent to which the scholarly articles have discussed these topics. Furthermore, the authors conducted face-to-face interviews with two Kedah Islamic Religious Council (Majlis Agama Islam Kedah [MAIK]) officers, who were directly involved in the affairs of istibdal waqf to obtain holistic information regarding implementing istibdal waqf properties in Kedah. As a result, several themes are defined from the interview data before being analysed based on the content analysis method.FindingsThe results of the study show two istibdal implementation processes outlined by the Kedah Islamic Religious Council (MAIK), namely, the istibdal implementation process for waqf land registered title deed, and waqf land registered as reserve certificate for religious use like mosque and cemetery. The results also showed three factors in implementing istibdal in Kedah: the acquisition of waqf land by the state authority (PBN), istibdal application by the state education department (JPN) and istibdal application by the mosque committee. Out of eight cases of istibdal implementation, four have generated cash funds for MAIK through investment methods from the sale of waqf lands and rental of replaced shophouses that are able to cover the expenses of managing waqf properties in Kedah. Several suggestions are also recommended for MAIK to improve its istibdal policy, thus enabling the institution to generate cash waqf funds at the maximum rate.Research limitations/implicationsThis study only focused on the implementation factors and the generation of cash waqf funds through istibdal in Kedah, while it can be expanded to other states like Terengganu, Kelantan and Penang. Furthermore, this study only interviewed officers who manage matters related to the affairs of waqf properties, as the session can actually be extended to other respondents, such as those specialising in cash fund generation investments and others.Practical implicationsThis study proposed some improvements to the policy and guidelines of istibdal waqf property to MAIK after a few shortcomings were identified throughout this study. If improved, these proposals will have a significant impact, especially on the waqf properties involved in the implementation of istibdal, where it has the potential to bring cash generation and ensure the constant economic value of waqf properties.Social implicationsThis study has a tremendous impact on society, in which their areas have cash waqf funds that can be developed. It can benefit the needy and increase funds for the welfare expenditure of Muslims through rental income, investment and development. Progress on waqf property provides a high indication of the efficiency of an organisation in managing the waqf property. Thus, the public, especially the rich, is motivated to fulfil their charitable practices through waqf mechanism and share their wealth with the needy.Originality/valueThis study contributes to comprehensive field data on the implementation factors and generation of cash waqf funds through the implementation of istibdal in Kedah. The results of this study are significant to be used by waqf property management.

Towards Developing a Shariah Governance Framework for Waqf Institutions: A Case of Majlis Agama Islam Melaka

Objective - Since Islam, Waqf, known as the Islamic endowment, has played a significant role in reforming and developing the economy. Like zakat (compulsory charity) and sadaqah (optional charity), Waqf has also been considered an essential means of poverty alleviation and upliftment. In Malaysia, each state's jurisdiction, called the State Islamic Religious Council (SIRCs), supervises waqf properties' governance. However, recently, it has been reported that the SIRC responsible for managing waqf properties has been unable to manage and operate effectively. To devise a well-designed strategy that can strengthen governance within the waqf institutions. Moreover, restoring Waqf as a mechanism for socio-economic development may be necessary for waqf institutions to develop their formal governance framework. Therefore, this paper aims to conduct a qualitative study of current Shariah governance practices in Waqf institutions at Majlis Agama Islam Melaka (MAIM). Methodology – The qualitative research method was used for this investigation. The interviewees are chosen using a selection process that is a hybrid of convenience sampling and purposeful sampling. Both content and descriptive analysis were utilized in analyzing the outcomes of the interviews. To obtain information on waqf governance in MAIM, an interview was conducted with various officers from the organization. A total of six experts in the field of Waqf from MAIM participated in this study and were interviewed for this research. Findings – The current practices of Shari'ah Governance in Waqf Institution in Majlis Agama Islam Melaka (MAIM) have been examined through interviews and brochures from interviewees. Several gaps were found in the organization's structure; Board of Directors, Shariah Committee, Shariah Audit, Shariah Review, and Shariah Risk Management. Based on findings extracted from the analysis, researchers provide several recommendations. Novelty – This study is unique because there was no study conducted on the current practices of Shari'ah Governance in Waqf Institution in Majlis Agama Islam Melaka (MAIM). The officers and board of directors will benefit significantly from this research in both an educational and a guiding capacity. Type of Paper - Empirical Keywords: Waqf; Shari'ah governance; Majlis Agama Islam Melaka; and Malaysia JEL Classification: A12; Z12; Z19; 053

Towards Developing a Shariah Governance Framework for Waqf Institutions: A Case of Majlis Agama Islam Melaka

The practice of Waqf is deeply rooted in the history of Malaysia, going as far back as the 15th century during the Malaccan Sultanate. Waqf, at the time, became popular amongst Muslims in the Malay Peninsula. It brought about remarkable changes to the communities and the standard of living, and the world's outlook on the inhabitants (Mahamood, 2006). The building of mosques like the Kg. Hulu Mosque in Malacca, the Sultan Abu Bakar Mosque in Johor, and the Kg Laut Mosque in Kelantan are momentous examples of the early and firm establishment of Waqf in Malaysia (Sayin, 1994a). During the early stages of Waqf in the Malay states, the community organizers were responsible for managing the waqf assets' trusteeship. The trustees were responsible for the organization, its control, and Waqf management to benefit the beneficiaries. However, the purchases were not documented or evidenced to be used for Waqf. The lack of proper documentation caused different issues, like claims made by the heirs over the asset after the asset owner passed away, leading to the inability to use the asset for Waqf. Waqf properties during the colonization period from 1511 to 1946 witnessed many changes in their development. A notable difference was that waqf management's responsibility gradually shifted to the respective Majlis Agama Islam Negeri or State Islamic Religious Councils (SIRCs). Keywords: Waqf, Shari'ah governance, Majlis Agama Islam, and Malaysia

Majlis Agama Islam dan Adat Istiadat Melayu Kelantan (MAIK) and Modernisation of Malay Education, 1917-1957

This article examines the Majlis Agama Islam dan Adat Istiadat Melayu Kelantan (MAIK) administration of Malay schools in the state of Kelantan from 1917 until the end of British colonial rule in 1957. This involvement is examined through two of its schools, the Maahad Muhammadi (Malay) for boys and Maahad Muhammadi (Malay) for girls. The establishment of MAIK Malay schools is a testament to its professed aims of looking after local welfare, which was not given any attention under British colonial rule. MAIK had faced a myriad of challenges in its administration of Malay schools, whether from within its administration or from outside, especially from Malay schools that were under British control. Based on the qualitative method that involved the perusal of primary documents such as MAIK files, MAIK annual reports, journal Pengasuh and British annual reports on Kelantan from the National Archives of Malaysia and other institutions, this study has found that the British neglect of Malay education has made MAIK indispensable as the organisation responsible for religious affairs and defending local customs in the formal education sector of the state. With this heavy responsibility, MAIK, specifically through its Malay schools, has provided both secular and religious education in schools under its jurisdiction. MAIK’s strategy and improvisations have ensured its schools’ continuity despite competition from the Malay education provided by the colonial government. Through its organisational dynamism, MAIK has enabled itself to be involved in the planning and transformation of primary education in Kelantan from 1917 until 1957.

Micro-takāful scheme for the protection of houses belonging to low-income groups in Malaysia

PurposeThis study aims to assess the availability of micro-takāful (micro-Islamic insurance) schemes for the protection of houses belonging to low-income groups in Malaysia.Design/methodology/approachThe study is conducted via desk research and interview discussions with representatives from takāful operators and key stakeholders.FindingsFindings of the study confirm the importance of micro-takāful as a scheme for the protection of low-income groups. Micro-takāful schemes in Malaysia are, however, skewed towards the protection of health, life and family. The study finds little industry interest in the provision of micro-takāful schemes for the protection of houses for low-income groups. This represents another important area that takāful operators should take into consideration in their planning.Research limitations/implicationsThe paper will help the Majlis Agama Islam Negeri-Negeri (MAINs), the regulator, takāful operators and government agencies such as Jabatan Wakaf, Zakat dan Haji (JAWHAR) to generate awareness and promote the offering of micro-takāful schemes for the protection of houses belonging to low-income groups in Malaysia.Practical implicationsIn light of the limited availability of micro-takāful schemes for the protection of houses for low-income groups, this study argues that takāful operators should offer and promote them.Social implicationsThe study is significant for fulfilling the need of low-income groups in Malaysia to protect their houses in the event of catastrophes so that they will not suffer significant losses. Rather, micro-takāful will assist them in improving their standard of living.Originality/valueThis study promotes the idea that it is essential to facilitate the low-income groups with appropriate coverage made available to them; micro-takāful schemes in protecting their houses and home contents, should any defined calamities occur. The outcomes are necessary for further development of micro-takāful models, specifically for the protection of properties. The developed model shall be proposed for application in the Malaysian takāful and housing industry to facilitate low-income groups to obtain protection for their household and home contents.

Islamic Corporate Social Responsibility Disclosure Index: The Application of Maqasid Shari’ah and Maslahah

The paper attempts to develop the Islamic Corporate Social Responsibility (i-CSR) Disclosure index for Shari’ah Compliant Companies (ShCC) in Malaysia. The i-CSR disclosure index was constructed based on the four themes of CSR framework that was established by Bursa Malaysia in 2006, namely, marketplace, workplace, environment and community. In addition to existing CSR framework, this study incorporated the five values of Maqasid Shari’ah namely protection of faith (al-din), protection of human life (al-nafs), protection of intellect (al-aql), protection of posterity (al-nasl) and protection of wealth (al-mal).and Maslahah namely essential (daruriyyat), complementary (hajiyyat) and embellishment (tahsiniyyat). The items of the four themes were developed based on the previous study, annual report of Middle East countries, annual report of the Prime Minister’s CSR Award and National Annual Corporate Report Awards (NACRA). All of the mandatory items required by the approved Accounting Standards, Companies Act, 1965 and Bursa Malaysia Listing Requirement were eliminated in the i-CSR index. A checklist of ninety-three (93) items was used in this study after taking into consideration the ten (10) expert opinions, which were from the regulatory board Shari’ah officer from the Islamic Banking and Finance Institute Malaysia (IBFIM), Shari’ah officer from Jabatan Mufti and Majlis Agama Islam, and academicians from accounting and Islamic studies.

Zakat Funds for Health and Medical Sector: Role and Strategy of Majlis Agama Islam Dan Adat Melayu Perak (MAIPk)

Zakat Funds for Health and Medical Sector: Role and Strategy of Majlis Agama Islam Dan Adat Melayu Perak (MAIPk)

Sustainability Assessment of Mosque: A Case Study of Design Proposal in Bandar Bertam Jaya, Penang

Mosque is a significant building typology for Muslims. Careful consideration on location and capacity should be practiced to increasing accessibility and promote comfort to worshippers. Due to high-density residential development, location of the nearest mosque and sense of unity among Muslims in the area, a local community was proposing a new mosque in Bandar Bertam Jaya, Penang to Majlis Agama Islam Negeri Pulau Pinang. A self-sustained mosque with phased development was proposed by Arkitek ICB Sdn. Bhd. With VELUX Daylighting Simulation and basic ventilation principle, the aim of the research is to study the sustainability of the design comprising daylighting and ventilation aspects respectively and how the proposal can give an impact to energy and resource management. The findings including Average Daylight Factor (ADF), opening sizes, wind speed and direction will also be reflected to Malaysian Standard MS 1525 and MS 2680 to value the sustainability aspect performed by the mosque. The findings of the research can be a reference to the architecture firm and the local community on the performance and sustainability of the proposal.

Potential of Waqf Instrument During Covid-19: A Literature Review on Majlis Agama Islam & Adat Istiadat Melayu Perlis (MAIPs)

The worldwide spread of the Covid-19 virus is now a pandemic that affects society in daily life. Furthermore, the government’s implementation of the Movement Control Order (MCO) to curb the spread of this virus among the community has affected daily economic activities. For example, workers and traders have had to limit their economic activities. The long duration of MCO has also resulted in them facing job losses, salary cuts, and shutting down the business operations. This implication makes the group lose or lack income for their daily life. Therefore, through a qualitative approach in data collection and analysis, this study aims to identify the potential of waqf’s instrument that can be planned and developed by Majlis Agama Islam and Adat Istiadat Melayu Perlis (MAIPs) as the sole trustee of waqf in Perlis to overcome economic problems faced by the community during the Covid-19 pandemic. Additionally, the study also explains the economic impact of the country and the state of Perlis during the transmission of Covid-19. The study results found that MAIPs committed using waqf property and assets when Covid-19 spread their effect to community. Additionally, the study found spaces and potentials for MAIPs to explore waqf’s instrument in the form of Mu’aqqat waqf, special waqf, cash waqf and waqf of expertise and services that need to be structured and managed to solve the country’s economic and public health problems.

Enhancing the Role of Zakat Institutions Through Good Corporate Governance for Economic Sustainability: A Case from Majlis Agama Islam Melaka & Pusat Zakat Melaka

Zakat institutions play a crucial role within the Islamic financial system to maintain the prosperity in Muslim communities. However, inefficient zakat management and low zakat payment compliance identified as main obstacle faced by the institutions. Thus, good governance implementation is noteworthy to alleviate the problems for long-term economic sustainability. Hence, the purpose of this study is to examine the implementation of good governance framework in zakat institution which comprise of their accountable board and leadership (in zakat administration), information transparency (in zakat institution website), disclosure practices (in financial reporting) and stakeholder management (in zakat distribution practices) of Majlis Agama Islam Melaka (MAIM). This study uses content analysis and descriptive method by analysing information disclosed in MAIM’s 2015 to 2019 annual report and Pusat Zakat Melaka (PZM) website. The result of this study shows that both institutions generally embraced good governance practices but not at their optimum level. There are deficiencies in zakat information on website to demonstrate their validity in ensuring effective and efficient zakat management and distribution. The implication of this study could deliver positive impact in zakat institutions when good governance is being practiced at optimum level and enhance higher zakat compliance in alleviating poverty among Muslim society.

Zakah Collection and Distribution Management: A Case Study of MAIDAM in Terengganu

Zakah is one of the systems to promote wealth-sharing among the Muslims in assuring a minimum standard of living for them. The problems associated with the distribution of zakah and poverty are damaging the performance and achievement of the zakah institution itself. The statistics on the distribution of zakah shows that the poor and extreme poor in Terengganu has been increased over the last few years. In addition, there are people who pay zakah directly to the asnaf while such payments of zakah are not being recorded. Thus, an efficient management for zakah in terms of collection and distribution can contribute to the achievement of the utmost objective of zakah. This qualitative mode of study investigates the activities of zakah collection and distribution that are being practiced by MAIDAM. This study uses the semi-structured interviews to collect the primary data. The study interviews the staff from the Majlis Agama Islam Dan Adat Melayu (Islamic Religious Council and Malay Customs), known as MAIDAM, whereby several issues have been asked and discussed to achieve the objectives. MAIDAM is the only organization that collects and distributes zakah in Terengganu. The study finds that MAIDAM has been using several channels for the zakah payers to make direct payments to MAIDAM. Besides, MAIDAM has collaborations with other organizations to distribute the funds effectively. The study posits that zakah is to be distributed in sustainable modes such as in a form of small financing for needy SMEs to achieve the objective of eradicating poverty line and minimizing income inequality.

Peranan Wakaf dalam Pembangunan Ekonomi di Negeri Perak

The role of waqf in economic development is evident in how waqf instruments enable various economic activities. In Perak, Majlis Agama Islam dan Adat Melayu Perak (MAIPk) manages the development of waqf assets by acting as sole trustee in the development of waqf property in that state. This study analyzes the role of waqf in the economic development of Perak. The primary method used to obtain data was through interviews with MAIPk about the management and development of waqf projects. Secondary data was collected through various references such as books, theses and journals. The data thus collected was analyzed using thematic analysis according to the focus of the study. The study found that waqf played a role in the economic development of Perak’s health, education, and the improvement of income and its community’s standard of living. The outstanding development in the health sector was the construction of a waqf hemodialysis center. In the educational sector, waqf funds and instruments, contributed to the construction of the Islamic University Sultan Azlan Shah Dormitory (UISAS) and Maahad Tahfiz. Waqf also contributed to improving the income and living standards of the community in Perak through various projects such as the Wakaf Business Centre (WBC) project, waqf housing, and waqf boats to develop the economy of the community in Perak.

Entrepreneurial index for low-income households in Malaysia

Even though development organizations provide access to working capital and enterprise development training, they often fail to improve the socio-economic condition of low-income households. One of the factors contributing to the failure of development programs is their lack of capacity to measure the entrepreneurial potentials among the low-income participants. This study focused on the development of an entrepreneurial index that measures the entrepreneurial potentials among low-income households. Adopting a cross-sectional design, a total of 403 micro-entrepreneurs were approached from the list provided by ‘Majlis Amanah Rakyat’ and ‘Majlis Agama Islam Dan Adat Istiadat’, Kelantan. This study used formative hierarchial model to determine the local and global weights for all the items used to develop the index. Further, the nomological validity revealed a positive effect of entrepreneurial index on entrepreneurial competency, enterprise performance, and enterprise sustainability.

Perancangan dan Perorganisasian dalam Pengurusan Wakaf: Amalan Majlis Agama Islam dan Adat Istiadat Melayu Kelantan (MAIK) dan Perbadanan Wakaf Negeri Sembilan (PWNS)

Waqfinstitution has the potential and significant for improving the socio-economic and welfare of theummah. In general,waqfmanagement is seen as developing and capable of making an effective impact throughwaqfmanagement agency Majlis Agama Islam Negeri (MAIN) in each state. This article focuses onwaqfmanagement through the application of management functions, particularly in the planning and organising aspects. A qualitative study using interviews and document study conducted on two statewaqfmanagement agencies, namely Majlis Agama Islam dan Adat Istiadat Melayu Kelantan (MAIK) and Perbadanan Wakaf Negeri Sembilan (WNS). The findings show that the planning and organising functions have been implemented by both agencies but still need to be further enhanced in terms of strategic plan formation, more structured work delegation, departmentation steps that cover various aspects and the formation of better organisational structures.

KAJIAN PENGGUNAAN BAHASA ARAB DI BANK ISLAM MALAYSIA BERHAD DAN MAJLIS AGAMA ISLAM DAN ADAT MELAYU PERAK (MAIPK) [STUDY OF THE USE OF ARABIC AT BANK ISLAM MALAYSIA BERHAD AND MAJLIS AGAMA ISLAM DAN ADAT MELAYU PERAK (MAIPK)

The Arabic language learning and teaching scenario is based solely on the basic courses taken to qualify for the graduation process. This study was conducted to identify the use of Arabic terms as well Islamic practices used in financial institutions by officials and to know the use of Arabic as a lingua franca in Bank Islam Malaysia Berhad (BIMB) and Majlis Agama Islam dan Adat Melayu Perak (MAIPk). The results of this study propose a guideline for designing the development of Arabic language modules suitable for use as Malaysian Institute of Higher Education for job preparation.

Financial Performance and Sustainability in Malaysian Waqf Institutions

This paper aims to measure the financial performance and sustainability in Malaysian waqf private entity and corporations. Examining its performance and sustainability could be useful to assess waqf perpetual existence. Besides that, the waqf private entity and corporations frequently compare actual performance with standards or expectations to enhance the organizations’ achievements. Thus, by using ratio analysis, this study examines five years (2014-2018) annual reports of waqf private entity administered by Pusat Wakaf Majlis Agama Islam Wilayah Persekutuan Sdn. Bhd (PWMSB) and two waqf corporations Pusat Wakaf Selangor (PWS) and Wakaf An-Nur Corporation (WANCorp). The results indicate that only one waqf corporation was financially performed and sustainable in all seven components. The findings provide useful insights into the financial performance and sustainability of waqf private entity and corporations and highlight the need for policy makers in Malaysia and other Muslim countries to give due attention to the holistic accountability of waqf institutions to ensure waqf’s systematic revival. It is hoped that the results and the recommendations of the study would enable the financial reporting and accountability of such institutions at a higher level

The Devolution of the Inheritance Management Toward the Beneficiaries in Klang Valley, Malaysia

Inherited estate is an inherited property upon the existence of a person who dies leaving behind property to those who are still alive. However, in the cases of claiming inherited estate, it should follow the same procedures that have been established for routine estates. This paper presents the finding of a study done to evaluate the level of awareness in Malaysia, Klang Valley’s community in terms of the division of inheritance of property management. In line with the purpose of this study, the researcher wants to asses the cause of the problem with the general public in the management of their estates and property distribution types available in the Sharia which is the faraid, wasiat, and hibah. Primary data were gathered through a semi-structured interviews that were used on four (4) estate management agencies in Malaysia namely the Majlis Agama Islam Selangor (MAIS), As-Salihin Trustee Berhad, Amanah Raya Berhad (ARB) and Wasiyyah Shoppe Sdn. Bhd. Based on the findings of this study, knowledge of the community and the lack of understanding in regards to inheritance of property that occurred resulted in the failure in carrying out the procedure of division of property through inheritance. A string of pending cases increases and indirectly withheld assets which in turn contributes to the problems as big as the global economy. This clearly showed that a mechanism needs to be exercised so that the community has some form of guidance in managing estates to avoid complication and confusion alongside ensuring social and economic relations in the future.