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What are the legal frameworks governing Waqf education in different countries?

Corporate governance

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The legal frameworks governing Waqf education differ between Indonesia and Malaysia. In Malaysia, the State Islamic Religious Councils (SIRCs) regulate the creation of Waqf in higher educational institutions (HEIs). The government has produced guidelines like the University Transformation Programme (UniTP) Purple Book to standardize Waqf implementation in educational institutions. On the other hand, Indonesia allows the transfer of Waqf property under certain conditions, as per legal regulations and the Compilation of Islamic Law. In Malaysia, universities must obtain permission from the SIRCs to create Waqf, while in Turkey, comprehensive laws govern Waqf universities management, providing a potential model for improvement in Malaysia. These differences highlight the need for enhancing and adapting legal frameworks to suit the specific needs of educational institutions in each country.

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Book Chapter•DOI Legal Framework Governing Waqf Implementation in Malaysian Universities: Lessons Learnt from Turkish Legal Frameworks Rohayati Hussin, Rusnadewi Abdul Rashid, Noor Inayah Yaakub - Show less +2 more 01 Jan 2019 1 Citations	The legal framework governing Waqf education in Malaysian universities lacks precision. Turkish legal frameworks provide comprehensive laws for Waqf universities, offering a model for improvement in Malaysia.
Journal Article•DOI Towards Developing a Shariah Governance Framework for Waqf Institutions: A Case of Majlis Agama Islam Melaka 30 Dec 2022-Journal of finance and banking review	Not addressed in the paper.
Open access•Journal Article•DOI Tinjauan Yuridis Penyelesaian Sengketa Terhadap Pengalihan Tanah Wakaf Sebagai Fasilitas Umum Chandra Munthe, Jamilah Jamilah, Abdul Lawali Hasibuan - Show less +2 more 11 Sep 2020 5 Citations	Not addressed in the paper.
Open access•Proceedings Article•DOI A Comparative Study of Waqf Legal System Between Indonesia and Malaysia Islamiyati Islamiyati, Dewi Hendrawati, Aisyah Ayu Musyafah - Show less +2 more 11 Dec 2020 3 Citations	The legal frameworks governing Waqf education in Indonesia and Malaysia are influenced by the Shafi’I mazhab, with Malaysia incorporating it in specific states.
Open access•Journal Article An Overview of The Regulatory Framework for Waqf Implementation in Higher Educational Institutions In Malaysia Rohayati Hussin 01 Jan 2021-Journal of Legal, Ethical and Regulatory Issues	Not addressed in the paper.

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Related Questions

What are the law on waqf education and tahfiz institution?5 answersThe law on waqf education and Tahfiz institutions involves the establishment of charitable trusts for educational purposes, particularly in the form of properties or funds for public benefit. Waqf assets, once donated, cannot be sold or transferred, ensuring perpetual use for educational institutions like Tahfiz schools. Private Tahfiz Schools (PTS) face challenges in governance, infrastructure, and funding, leading to closures during economic hardships. To address these issues, the concept of Social Entrepreneurship from an Islamic perspective is proposed for PTI governance, emphasizing Islamic entrepreneurship knowledge and effective marketing strategies for sustainability. Overall, the integration of waqf principles and entrepreneurial models can enhance the educational services provided by Tahfiz institutions while ensuring financial sustainability and operational efficiency.

What are the current trends of legal research on waqf education?5 answersLegal research on waqf education is currently focused on exploring the use of waqf assets given to educational institutions and formulating specific targets for their right needs and maintenance. The research emphasizes the importance of waqf governance according to the type of waqf property provided, such as mobile waqf and immovable waqf, and highlights the need for adherence to Islamic finance principles in managing waqf assets. Additionally, there is a growing interest in the effectiveness of the Islamic waqf system in contemporary Islamic societies and the significance of applying institutionalized systems for efficient administration and governance of waqf institutions. Furthermore, there is a case study on Pondok Modern Darussalamm Gontor, which successfully manages waqf assets through the concept of self-waqf, based on maqashid sharia and the implementation of Law No. 41 of 2004. Overall, legal research on waqf education aims to provide insights for waqf-based educational institutions to maintain and manage waqf assets effectively and in accordance with established rules.

What are the current trends of research on law and governance of waqf education?4 answersResearch on the law and governance of waqf education is a growing trend in recent years. Studies have focused on various aspects of waqf governance, including the role of governance in moderating the relationship between human capital, waqf regulations, and waqf performance. The importance of good waqf governance in maintaining the existence and management of waqf assets has also been emphasized. Additionally, there is a need for improved management and governance of waqf institutions to ensure the sustainability and wealth of Muslim communities. The use of waqf assets in educational institutions has been explored, with a focus on formulating specific targets for their use and maintaining the essence of waqf assets. Furthermore, the performance measurement and governance of waqf in Malaysian public universities have been studied, with the aim of developing a holistic model to evaluate reliability and performance. Overall, current research on the law and governance of waqf education is diverse and addresses various aspects of waqf management and performance.

How waqf can be used to alleviate poverty?5 answersWaqf can be used to alleviate poverty by providing financial resources and promoting social welfare in society. Cash waqf, in particular, has the potential to reduce poverty levels and empower vulnerable communities. It can be used as a means to achieve prosperity and welfare by participating in government programs oriented towards community empowerment. Cash waqf can generate funds through sustainable investment and contribute to poverty alleviation programs, such as cash for work, which empowers rural communities and reduces poverty. Additionally, waqf funds can be managed and distributed to capital market products, such as sharia shares, to encourage economic growth and provide entrepreneurship training and job opportunities. The profits from waqf assets can be channeled into economic empowerment activities, benefiting the community and reducing poverty.

What are the key challenges to the sustainability of waqf?4 answersThe key challenges to the sustainability of waqf include data, information, and knowledge gaps in understanding the water-energy-food (WEF) nexus. Additionally, there is a lack of systematic tools to address the trade-offs involved in the WEF nexus. Furthermore, there is a need to strengthen the pool of information and develop integrated software platforms and tools for systematic analysis of the WEF nexus. Another challenge is the fragility and risk of single primary income stream reliance, as seen in the case of South Africa's largest protected area management agency during the COVID-19 pandemic. Moreover, there is a lack of methodological rigor and consistency in the development of frameworks for assessing energy security, which is similar to sustainability. Finally, sustainable development practices are crucial to prevent conflicts triggered by environmental destruction and resource exhaustion, particularly in the world's poorest states.

What are the key success factors influencing the impact of Waqf on poverty reduction?5 answersThe key success factors influencing the impact of Waqf on poverty reduction include the acceptance of the benefidonors concept by waqf stakeholders, such as donors, beneficiaries, waqf managers, activists, volunteers, and the community. Attitude, subjective norms, and perceived behavior control are important factors that influence the level of acceptance of the benefidonors concept. Other factors that contribute to the success of Waqf in poverty reduction include perception of fairness, self-efficacy, and facilitating resources. Additionally, the integration of Waqf-based Islamic microfinance (IWIM) model can address the practical challenges of microfinance faced in Muslim communities and empower the poor for socio-economic development. The availability of funding from Waqf can make microfinance institutions sustainable and provide capital to micro-entrepreneurs, leading to income generation and employment opportunities.

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