Bay' Mumtalakat Al-waqf: Dirasah Tahliliyah Fi Dau' Tashri'at Al-waqf Fī Hukumah Maliziya

This article aims to critically examine the issue of selling waqf properties in Malaysia's waqf legislations. This tudy adopts a qualitative methodology employing field work data. The findings indicate that even though the waqf fiqh provides a choice of periods to be either temporary or permanent waqf, the Malaysian Waqf laws adopt permanent waqf and prohibits the temporary waqf for the sake of public interest (maslahah). Therefore, waqf properties cannot be cancelled by a donor, and that waqf land cannot be sold, given as a present, or bequeathed. The finding established that the Waqf laws are consistent with the waqf's aims. Thus, this paper proposes that each State's Waqf Corporation and Islamic Religious Council in Malaysia needs to conduct a review of the existing waqf rulings and legal framework to ensure that they are consistent with the waqf purpose for benefiting donors, waqf holdings, and beneficiaries.