Addressing WAQF Disputes In Malaysian Court: Towards A New Arbitration Model

Abstract

Waqf is now an effective social finance mechanism. However, not all states follow the same waqf rule; some have enacted their own law to direct waqf through their Waqf State Enactment, while others continue to rely on the Waqf General Law to administer the Islamic Religious Enactment. The key objective of this article is to examine how the waqf rule is applied in waqf disputes in Malaysian courts, as well as the difficulties that litigants face in resolving waqf disputes. The qualitative data and content analysis method were used in this article. The Malaysian Court's uncertainty about waqf's jurisdiction has posed a major challenge to waqf law. The Waqf Dispute Arbitration Model was proposed as a viable approach to the waqf dispute in this paper (WDAM).