This study aims to highlight the importance of intellectual capital (IC) for the operation of waqf (Islamic endowment) institutions, as few studies have discussed this issue in relation to non-profit religious organisations, particularly waqf organisations. Consequently, this study hopes to contribute to the development of waqf institutions in terms of human capital proficiency, the efficiency of operations and the effectiveness and sustainability of performance. In methodology, the authors reviewed a significant body of relevant studies written on various aspects of IC, to highlight the significance of considering IC in the operation of non-profit organisations (NPOs) and waqf institutions. This study highlights the importance of IC in the operation of waqf institutions. It provides a platform that facilitates understanding of the existing obstacles and challenges in waqf institutions (such as lack of accountability, lack of funding, mismanagement and lack of trained labour, among others) and offers potential solutions through the consideration of knowledge and IC. This study is a conceptual analysis of IC in the context of NPOs. Future studies should conduct empirical testing, which will provide more detailed discussion and enriching insights into the issue of IC and the performance of NPOs, particularly in the case of waqf institutions. This study provides several important implications for waqf institutions and other NPOs, as it sheds light on the consideration of knowledge and IC in their operations. To the best of the authors’ knowledge, this study is the first to discuss the issues of waqf in the light of IC and provide an integrated framework for the operation of waqf institutions.

Intellectual capital in non-profit organisations: lessons learnt for waqf institutions


Purpose
This paper aims to analyze the role of waqf in the socio-economic development of the organization of the Islamic Cooperation (OIC) countries. Various projects currently use waqf as an instrument for socio-economic development, as reported in the scholarly literature. This study will investigate this literature to explore trends in waqf studies and the role of this Islamic form of endowment in the socio-economic development of OIC countries.


Design/methodology/approach
This systematic literature review focuses on peer-reviewed journals and data obtained from the Mendeley database using specific criteria to analyze the socio-economic developmental role of waqf in OIC countries from 2011‐2020.


Findings
The socio-economic developmental role of waqf in OIC countries has been widely studied. In total, 68 academic articles were found that are relevant to themes of poverty alleviation, social welfare, entrepreneurship, education, health services and religious facilities. They reveal that the role of waqf in social welfare was the most discussed topic in the research. In addition, the majority of studies used an interview method to study waqf institutions in nine OIC countries. Furthermore, the number of publications on the theme has increased significantly every year, although the largest proportion occurred in unindexed journals.


Practical implications
This study provides an overview of research trends in the socio-economic developmental role of waqf. Its results can provide practical input for waqf institutions as they encourage its practice in OIC countries, and for policymakers in formulating their management strategies to promote the role of waqf in the social and economic aspects of society.


Originality/value
This paper reviews the current development of the socio-economic role of waqf in OIC countries. It will help researchers improve their understanding of this role. It will also provide waqf managers in OIC countries with adequate information on waqf projects which they can implement to achieve socio-economic development in their countries.


A systematic literature review on the socio-economic roles of waqf: evidence from organization of the Islamic cooperation (OIC) countries

This study aims to show how Islamic social finance (ISF) instruments can contribute to achieving SDGs and to filling the gaps in pressing humanitarian crises, such as refugee protection. ISF institutions enjoy sufficient financial capacity to bridge the gaps and realize the most relevant and urgent SDGs. However, due to policies and other constraints, their participation in international development aid programs is limited. Accordingly, this study explores the existing policy divide between Western and Islamic countries regarding the use of Faith-Based funds in international humanitarian and development aid programs. Through case studies, this study demonstrates that ISF instruments have the potential at national and international levels to mobilize resources to support marginalized groups in society in various countries. The analysis indicates the need to develop a framework that helps to build cooperation among local and international actors to mobilize ISF funds for cross-country development and humanitarian aid, which accelerates the achievement of the SDGs. This paper studies ongoing dialogues among various stakeholders to create policy convergence and to use ISF instruments towards SDGs. This study suggests that the dialogue should be more inclusive by including all potential stakeholders, including Muslim leaders, policymakers and Shariah Scholars, to narrow policy gaps and to draw policy coherence for using ISF tools in the duality aid programs and for creating synergies towards achieving the SDGs.

/pdf/sustainable-development-goals-and-islamic-social-finance-2cev6itf.pdf

Sustainable Development Goals and Islamic Social Finance: From Policy Divide to Policy Coherence and Convergence

This chapter analyses the nature of the rule of law in the Middle East, and the transition towards civil societies and the rule of law within the specific historical, cultural and political contexts of the region. The chapter examines the reasons for the lack of effective rule of law systems in the Middle East from economic, historical, and cultural perspectives, as well as in light of colonisation and external factors. Different approaches taken by various countries of the Middle East in relation to establishing rule of law systems, including secular approaches and traditional and Islamic directions, are also discussed. The chapter proposes approaches which deeply consider historical, religious, and cultural traditions of the region, and a gradual transition towards the rule of law and civil societies from within Middle Eastern societies.

The Rule of Law in the Middle East

This paper aims to propose a new framework for the management of a waqf land registration system in Malaysia that is compliant with Islamic law and the Malaysian legal system. The study sought to answer the following two research questions: what are the issues of the waqf land registration system and how to solve the issues of waqf land registration in Malaysia.,This study used a qualitative research method by using content analysis, legal investigation and doctrinal research. Data were collected through semi-structured interviews with lawyers, academicians and executive officers from the Department of Land and Mines, the State Islamic Religious Council and reviewed documents mainly from the Department of Waqf, Zakat and Hajj Malaysia.,A new framework for the management of waqf land registration in Malaysia was identified, which was developed based on current waqf issues such as problematic registration methods, lengthy and complicated procedures, interference in the jurisdiction of the civil court and idle waqf land. The framework overcame the flaw of the previous waqf land registration system in Malaysia.,The new framework will provide solutions to the current registration system within the National Land Code, 1965, which will secure property in the future.

/pdf/new-framework-for-the-management-of-waqf-land-registration-38uaynztsc.pdf

New framework for the management of waqf land registration system in Malaysia

Fundamentally, an effective management of properties has been established as a healthy way of increasing the value and benefits of real estate. The sources of awqaf (waqf) are quite rich. However, the issues of the sustainability of valuable waqf properties have not yet been explored especially with regards to sustaining and enhancing the value through sound principles of property management. Thus, this paper presents a literature review concerning the factors contributing to inefficient management and maintenance of waqf properties globally with a particular focus on Malaysia. From the findings, they have five factors identified that consist of; insufficient fund, lack of best performance by waqf manager, unregistered of waqf land under SIRC, out-dated data and confiscation of ownership rights by heirs from SIRC. Yet, due to the lack of study in the area of the maintenance function of waqf properties, it strongly suggested that there is a need to fill the gap in the body of knowledge of which both; management and maintenance function (operational management) shall take into account in waqf management practice as well. This is very important to achieve sustainability of valuable waqf properties by providing a continuous stream of income through effective and efficient of the waqf management system.

/pdf/factors-contributing-to-inefficient-management-and-4xp1x1a0qb.pdf

Factors Contributing to Inefficient Management and Maintenance of Waqf Properties: A Literature Review

Waqf plays an important role in improving public welfare in whole Islamic Countries. Therefore, waqf shall be conserved and permanently protected to keep its benefits for the public at all times. In order to develop the waqf property, it should be administered properly. Recognition of ownership on the property by effective contract of declaration is essential. Therefore, this paper focuses on the Islamic Law’s perspective regarding effective contract on a binding and valid declaration of waqf property in accordance to Islamic Law and other subsidiary sources as well as academic opinions. This paper also includes formalities of legally binding contract of waqf (waqafiah) on parties, formulated by earliest Muslim jurists. In addition, the detailed discussions on documents of waqf evidencing contractual transactions needed for registration of waqf property are included. The elements of valid and binding declaration of waqf or deeds discussed too. The approach adopted is ‘Content Analyses’.

https://jfatwa.usim.edu.my/index.php/jfatwa/article/download/257/193

Concept of valid contract declaration of waqf property in Islamic law

This paper concerns the sustainability of the commercial waqf properties (CWP) in regards to tenancy management (TM) since the waqf properties were underperformed due to large rental arrears in some states. The objective of the study is to investigate the issues of tenancy management that limit the achievement of the financial sustainability of CWP. This research adopts the qualitative approach which employing in-depth interviews at seven (7) CWP as a case study that covered the state of Johor, Selangor, Penang and WPKL. Semistructured interviews were conducted with six (6) waqf property managers (WPM) and twenty-one (21) tenants to get their perspective regarding the issues of tenancy management according to TM attributes. From the findings, it was found that the tenancy businesses attribute is the most issues voiced by the tenants and WPMs followed by tenancy agreement, rental determination and enforcement. Meanwhile, tenant selection and waqf property manager attributes are less critical. Hence, the solutions have been proposed to improve the sustainability of CWP while Shariah principles and waqf needs are being adhered to in the full spectrum of waqf tenancy management.

https://planningmalaysia.org/index.php/pmj/article/download/1006/702

An investigation of the issues of tenancy management practice: the case of commercial waqf properties in malaysia

A legal research shall be secured with the idea to facilitate a future change; either in the law itself or in the manner of its administration from the production of ‘pure’ academic knowledge which is concerned legal doctrines. Therefore, this paper purpose is to propose a methodological structure for legal research within perspective Malaysian Land Law and Islamic Law to establish a regulation or amendment in the existing foundation. This paper adopts method of content analysis to understanding on the underlying reasons through expert opinions on the legal issues. The finding of this research revealed that a legal methodological framework is easily simplified in form of system theory approach. This type of methodological structure is common amongst the legal researchers, lawyers and legal scholars who embrace Pure and Applied Legal Research. The methodological structure for legal research in form of system theory shall make a better regulation proposal in the perspective of Malaysian Land Law and Islamic Law. By adopt this methodological structure; researchers shall propose new regulation or amendments as legal researchers, lawyers and legal scholars.

https://planningmalaysia.org/index.php/pmj/article/download/987/683

Farah Nadia Abas

Papers

Factors Contributing to Inefficient Management and Maintenance of Waqf Properties: A Literature Review

Concept of valid contract declaration of waqf property in Islamic law

An investigation of the issues of tenancy management practice: the case of commercial waqf properties in malaysia

The methodological structure for legal research: a perspective from the malaysian land law and islamic law