حقيقة الوقف المؤقت وحكمه ومصالحه = The nature of temporary Waqf, its ruling and public interest
waqf can be made temporary or it is limited to perpetuity. The objectives of this paper are: to critically examine the concept of temporary waqf, to assess the different opinions of the scholars on the issue of temporary waqf and to discuss the evidences relied upon every doctrine, to explore...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English English |
| Published: |
Universiti Sultan Azlan Shah
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/61215/1/The%20Nature%20of%20tEmporary%20Waqf.pdf http://irep.iium.edu.my/61215/7/61215_The%20nature%20of%20temporary%20waqf%2C%20its%20ruling_scopus.pdf http://irep.iium.edu.my/61215/ http://site.gjat.my/main/3074/index.asp?pageid=184680&t=volume-7-issue-2- |
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| Summary: | waqf can be made temporary or it is limited to
perpetuity. The objectives of this paper are: to
critically examine the concept of temporary
waqf, to assess the different opinions of the
scholars on the issue of temporary waqf and to
discuss the evidences relied upon every doctrine,
to explore the public interest (maslahah)
of contemporary application. A qualitative
methodology was employed to analyse the data
through inductive and deductive methods. The
inductive and deductive methods were used to
research the main sources of literatures and
to analyse the issues related to the temporary
waqf. The findings have shown that an
essential features of waqf is not limited only
to perpetuity, hence some jurists such as Maliki
school of Islami law approves the application
of temporary and perpetual waqf. Thus, there
is a need for temporary waqf to be enacted
and applied as it provides the best interests
of donors, beneficiaries and community at
large. Impliedly, Islamic legal pronouncements
(fatwa’s) which were issued by the State Fatwa
Committee in Malaysia should not be limited
to the view of a single school of Islamic law,
especially in the field of waqf. |
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