This paper aims to critically examine challenges of the application of temporary waqf in selected states of Malaysia, to establish principles and to suggest new approaches for its implementation. A qualitative methodology was employed to analyse the data through inductive, deductive and field research methods. As for the field research, this study has conducted semi-structured interviews with the Waqf Corporations and Mufti's Department in the selected states of Malaysia, namely; Selangor, Malacca, Negeri Sembilan and Johor. The result shows that inappropriate procedures of fatwa issuance, unproductive current waqf assets and legal perspective issues are among the challenges in implementing temporary waqf in Malaysia. Thus, this paper proposes that every State's Waqf Corporations in Malaysia should reassess the existing legal framework of temporary waqf in order to realize its application as an effective solution for the current waqf properties. Finally, the study proposes to establish holistic principles of temporary waqf implementation in Malaysia.

Temporary waqf is a restricted endowment for a specific duration. This paper examines Kuwait Law of Waqf and the contemporary implementation of temporary waqf in Kuwait. The research shows that Kuwait law of waqf allowed the application of all types of waqf as temporary, the duration of waqf should not exceed sixty years and no more than two layers of generations. This paper proposes to encourage other Islamic countries to implement this concept of temporary waqf as an alternative benefit.

Muslim jurists differed in the declaration (sighah) of waqf, specifically on whether a waqf can be made temporary or it is limited to perpetuity. The objectives of this paper are: to critically examine the concept of temporary waqf, to assess the different opinions of the scholars on the issue of temporary waqf and to discuss the evidences relied upon every doctrine, to explore the public interest (maslahah) of contemporary application. A qualitative methodology was employed to analyse the data through inductive and deductive methods. The inductive and deductive methods were used to research the main sources of literatures and to analyse the issues related to the temporary waqf. The findings have shown that an essential features of waqf is not limited only to perpetuity, hence some jurists such as Maliki school of Islami law approves the application of temporary and perpetual waqf. Thus, there is a need for temporary waqf to be enacted and applied as it provides the best interests of donors, beneficiaries and community at large. Impliedly, Islamic legal pronouncements (fatwa's) which were issued by the State Fatwa Committee in Malaysia should not be limited to the view of a single school of Islamic law, especially in the field of waqf.