Purpose The purpose of this paper is to implement the istibdal waqf concept using a geographical information system (GIS) for the benefit of socio-economics and Muslim cemetery waqf management. GIS is a technique that provides clearer, precise and faster access to a location based on actual space data. It attempts to analyze the area that one wishes to develop to establish whether it fulfills the criteria set for istibdal. Design/methodology/approach This research was conducted qualitatively. The study begins with the development of the concept of istibdal waqf and the concept of GIS. The concept was developed by conducting a literature review of books, articles, newspapers, fatwa and circulars related to istibdal waqf and GIS. After the concept was formed, field studies were conducted on two mosques, namely, Jamek Jelutong Mosque and Masjid Jamek Sungai Nibong because both mosques have gravesites located within their compound. To obtain information on the problems faced by the mosques Jemaah community, researchers have interviewed the Mosque Committee Members and Jemaah Community in both mosques using the unstructured interviewing method. This process is essential in managing both material and spiritual for sustaining socio-economics of the society. Findings The results showed that by applying GIS technique could identify new land locations according to the criteria set by istibdal. Additionally, new location environments found through the GIS application can be viewed more clearly and accurately than using the manual method. The findings also revealed that some of the mosque managers and the heirs of the waqf grave land were not open-minded in accepting the istibdal concept of the grave that had been allowed by the Syarak until the process of expanding the mosque was affected. The study also found that the maslahah consideration was considered between doing istibdal waqf and not doing istibdal waqf, the maslahah of doing istibdal waqf is greater because general (umum) maslahah should be prioritized compared to the special (khusus) maslahah. In addition, this effort can appreciate the morality and ethics of waqf donors to donate their wealth or properties for benefit of society. Research limitations/implications This study only focuses on Muslim cemetery waqf in Penang Island. Practical implications This study is expected to benefit both material and spiritual where Muslim cemetery site can be developed for expanding mosque site and consequently able to accommodate the increasing of Muslim using the mosque. Originality/value This study proposes the transformation of the concept of istibdal waqf from the traditional methods to modern and advanced methods using the GIS application. The study also demonstrates how the software for solving the real problem can be used, i.e. the problem of a limited mosque space for sharing space with a cemetery in Penang.
Abstract-In Malaysia, it is apparently that the system of multiple land ownership is distinguished throughout the country. In term of implications, the exercise of existing legal system had resulted some intricacies pertaining to the land, especially in the context of social, economic and land development. Therefore, the purpose of this article is to analyze those connotations. It is hoped that we can contribute in improving the system of multiple-ownership in the country. The methodology that was used in this study is a library research as well as field study. Among library that was visited were universities library as well as the Library of National Institute of Land and Survey (INSTUN). Meanwhile in a field study, interviews was conducted with experts of the Land Office of States in Malaysia as well as practitioners who directly conducting cases of multi-ownership. The outcome of the study showed that the system of multi-ownership had resulted problems in some major aspects. Upon completion of the study we suggest that multi ownership systems should be reviewed by taking into account the interest of all parties on the land.Index Terms-Land, multi ownership, joint land ownership, land law.
Purpose The purpose of this paper is to study the differences in fatwa amongst official fatwa institutions in Malaysia comprising the State Mufti’s Departments (SMDs), the National Fatwa Committee Muzakarah (NFCM) and the National Bank Shariah Advisory Council (NBSAC) regarding the conditional gift issue and to propose a uniformed fatwa by taking an approach of celebrating views of all the official fatwa institutions involved. Design/methodology/approach The methodology used for this study is qualitative; data was collectedthrough library research and field studies.[AQ1] The library research was accomplished by examining books, statutes and related circulars, while field studies were conducted through unstructured interviews with eight Shariah (Sharia) officers and two academicians from SMDs, NFCM, NBSAC and public universities. Findings The findings of the study found that the conditional hibah (ruqba and 'umra) is valid as far as gifting is concerned, while the conditions pertaining to it are null and void. The findings also found that the concept of mura’ah al-khilaf and ma’alat al-af’al can be practised by applying conditional hibah to maintain maslahah, as provided under the concept of maqasid al-Shariah. Hence, this study proposed that formal fatwa institutions consisting of SMDs, NFCM and NBSAC issue a comprehensive guideline in contracting conditional hibah by providing an explicit provision on the recognised and different opinions about the said hibah. Originality/value The study analyses the differences of opinions of the official fatwa on conditional hibah issued by SMDs, NFCM and NBSAC based on the discipline of usul al-fiqh. It is found that conditional hibah is not allowed in Islamic law. It also found that conditional hibah granted by the NBSAC is not in adherence to the strict permission granted by Islamic law. Therefore, taking into consideration all the fatwas issued by the fatwa bodies, the researchers proposed to celebrate all official fatwas using the method of mura'ah al-khilaf and ma’alat al-af'al.
This study is to identify non-ethical elements in tawarruq munazzam product as an identical bay' alinah and therefore to provide alternative methods in executing the deal. This study is qualitative in which data is collected through library research and interview method. The method of library research is to refer to the reference material derived from muamalat books, related bank circulars and journals. While the interview method is to interview the MBSB bank Shariah executive officer in an unstructured way. The findings show that there are four non-ethical elements in tawarruq munazzam contracts that include tyranny (zulm), treachery (ghubn), not trying to make sure sharia compliance in the product as well as the existence of illegal elements (hilah), ambiguity and obscurity (gharar). The findings also show that there is a temporary alternative method for tawarruq munazzam contracts to be applied.
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