The Potential of Temporary Waqf: A Study in Selected States in Malaysia

Waqf is a form of charity which the Islamic scholars have determined whether it is allowed to be declared as temporary and perpetual, or solely perpetual. Most of the states in Malaysia practise and implement waqf based on the absolute opinion of the Shāfiᶜiy schools, which is valid in perpetuity. This research aims to critically examine the classic and modern Islamic jurists’ perspectives on temporary waqf, analyse the existing concept of temporary waqf and its implementation in selected states in Malaysia, and propose a theoretical framework for the implementation of temporary waqf in selected states in Malaysia. A qualitative methodology was adopted, and data was collected through documentary research and semi-structured interviews with the State Mufti Department and State Islamic Religious Council of Terengganu, Perak, and Penang. Subsequently, the data were analysed through inductive and deductive content analysis and hermeneutic analysis. The research results demonstrated that waqf is allowed to be declared either permanently or temporarily based on the absolute opinion of Mālikī schools. Temporary waqf could be recognised through the ṣīghah of the waqf, the beneficiaries, and the waqf property. The donor is allowed to determine the duration to practise the waqf, while the stipulation shall be valid and bind the contract. Given that temporary waqf could realise the public interest, enhance the potential of the existing waqf, and keep the interest of the involved parties in the waqf contract, it is recommended that the State Mufti Department revises the fatwa relating to waqf, and the temporary waqf should be enacted in the respective waqf enactment of the selected
states. It is also suggested that a theoretical framework for the SIRC implements a temporary waqf in the future.