Royal waqf in Perak: legal and historical analysis
This paper analyses the legal and historical development of waqf made by Sultan Idris Murshidul' adzam Shah in Perak (1849 to 1916). There are many untraceable, lost, and perished waqfs in Malaysia. However, Sultan Idris’s waqf is an exception which still exists since its establishment in 1...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
ahmad Ibrahim Kulliyyah of Laws, IIUM
2021
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/95259/7/95259_Royal%20waqf%20in%20Perak.pdf http://irep.iium.edu.my/95259/ https://journals.iium.edu.my/iiumlj |
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| Summary: | This paper analyses the legal and historical development of waqf made
by Sultan Idris Murshidul' adzam Shah in Perak (1849 to 1916). There
are many untraceable, lost, and perished waqfs in Malaysia. However,
Sultan Idris’s waqf is an exception which still exists since its
establishment in 1917. As such, this research intends to explore its
sustainability factors. The research methodology used is the doctrinal
and non-doctrinal research methods. The doctrinal method is used to
analyse the enactments, government gazettes, audit reports, journal
articles, and history books. Meanwhile, the non-doctrinal legal method,
namely semi-structured interview, clarifies findings and information
gathered from various documents. The research is essential as there is a
lack of comprehensive research done on waqf made by the Sultans or the
Head of State in Malaysia. The researcher finds that the waqf was an
established under written legal instrument; the waqf by Sultan Idris was
made based on the English law of trust, but the spirit and principles of
waqf to permanently benefit the beneficiaries remain intact; the
appointment of the Sultan's descendants as the trustees alongside a
committee proved to be crucial for the sustainability of the waqf; and
there was check and balance process through legal provision. This
research provides a clearer picture of waqf practice before the
establishment of Perak's State Islamic Religious Council and evidenced
the Sultan's contribution towards developing and protecting Islam. |
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