Legal considerations of housing development on waqaf land in Malaysia

The State Islamic Religious Council is the sole trustee of waqaf land of the respective states in Malaysia. The Department of Waqaf, Zakat and Hajj (JAWHAR) and its wing Yayasan Waqaf Malaysia are entities at the Federal level that coordinate waqaf administration and development across the States. Some States have established their own waqaf development authority. Administration of waqaf falls under States’ matters governed by respective State Islamic Administration Enactment. However, there are five States so far that have treated waqaf under specific Enactments, namely Selangor, Melaka, Negeri Sembilan, Terengganu and Perak. This paper examines the first three States’ Waqaf Enactment in relation to housing development on waqaf land. A document analysis was conducted to identify their housing development related provisions. It can be said that there is no provision on housing related in these Enactments other than reference to fatwa committee for determination of hukum syarak on any development related to waqaf. Notwithstanding, these Enactments must be read together with other laws related to housing development in Malaysia. Hence, this paper provides an overview of the legal considerations of housing development on waqaf land in Malaysia