The State Islamic Religious Council (MAIN) seems to be the sole trustee of all waqfs in some states in Malaysia. In addition, MAIN is also a casting in the commercial development of the wealth of Muslims. The need for these legislative provisions has been an issue with MAIN as the area of expertise in the commercial field of assets requires experience and recognition in the form of knowledge. Therefore, it has become a question that is really the existence of the provisions of MAIN as a single trustee of waqf?
Penang Islamic Religious Council secretary, Fakhruddin Abdul Rahman stressed that MAIN should ensure every aspect of governance undertaken for waqf property to be free from the issue of malpractices whether cash or physical waqf. The single aspect of the waqf trustee was created as a platform to complicate changes in governance and legal coordination as it is based on the provisions of Islamic law. If MAIN becomes a single trustee, its governance is unchanged as it adapts the provisions of Islamic law. Changes may only take place in terms of leadership and labor.
History of a Single Trustee System
The single trustee system was introduced since the British colonial era in the country. Initially, no intervention occurred in this system because in British colonial times all Islamic religious affairs and Malay customs were not involved in any administration. However, as a result of the numerous conflicts in and outside the courts involved the individual trustees and heirs, it has involved British intervention to resolve the dispute. As a result, the British established a Trustee system which was the trustee for managing the treasury property in the Selat states through the establishment of the Muslim and Hindu Endowment Board in 1901. Of these, the understanding of waqf as a right of the ummah has existed since the time of British.
Trustee System Is Not A Trap
Some Muslims still reject the Trustee system introduced since the British ages and described the system as a trap for the development of a waqf practice in the country. This is because their thinking is still uncertain and afraid to impose waqf assets either physical or cash. For example, if they see the name of the asset ownership document associated with MAIN, they think that it is a trap for waqf activity in the country. However, the issue can still be addressed.
MAIN as a single trustee should ensure that all trust management is coordinated according to the Islamic law and to ensure that the pewakaf (those who give waqf) is rewarded by Allah SWT without any hesitation. In addition, MAIN may also delegate administrative powers and property management to any interested party to promote it.
Date of Input: 02/11/2018 | Updated: 05/11/2018 | nuruliman
UNIVERSITI PUTRA MALAYSIA
43400 UPM SERDANG
SELANGOR DARUL EHSAN
Open: Monday - Friday.
Close: Saturday, Sunday and Public Holiday.