Changing the Waqf Conditions of Waqf Giver in Special Waqf : is it Possible?

Abstract

Waqf plays a significant role in the socio-economic development of the country. In Malaysia, the management and administration of waqf property is under the control of the State Islamic Religious Council (SIRC). However, there are problems arising in the development of waqf land which cannot be fully utilized for the purpose of socio-economic development. This is because there are some special requirements set by the waqf giver (waqif).If the special requirements of the waqf giver in these special waqfs could be changed, of course the waqf could be developed more quickly and could play a role in the socio-economic development of the Muslim community. These special waqf conditions may be modified for the purpose of saving the waqf property or managing it for something better. Continuing with this issue, this study was conducted to analyze Islamic views in terms of changing the terms of the waqf giver involving special waqf property.Qualitative methods were used in this study with a library research approach. The collection of research data includes sources of Islamic tradition such as classical and contemporary fiqh books. The process of analyzing the research data is done using the content analysis method. The results of the study found that Islamic law allows for changes in the terms of the waqf giver in the special waqf. However, such changes must comply with the Shariah rules of the waqf. This study is important in helping waqf givers, governments and the governing and administering of waqf to address the problems inherent in developing and preserving waqf land in Malaysia.