Rusnadewi Abdul Rashid

Corrective and Retributive Justice Model for Trespass of Waqf Land

Section 425 of the National Land Code 1965 (NLC) provides a penalty of RM 10,000 or imprisonment for a term not exceeding one year to the trespasser of waqf land in this country. Though the law is clear, it is very disappointing that the remedies are not commensurate with losses incurred. Taking into account the economic situation in the country, the penalty is very unreasonable.The area of land encroached upon, the current market value of the land encroached upon, the total profit earned by the invaders, the losses incurred by the State Islamic Religious Council (as a sole trustee for waqf in this country), as well as costs incurred during the claims, litigation and enforcement cases have not yet been calculated. As such, it is essential that the remedies be replaced with the Corrective and Retributive Justice Model as a better alternative model for solving the issue of trespass of waqf land. Considering the main aim of the study is to achieve justice and fairness for trespass of waqf land cases, therefore, this study employs doctrinal research. The data collected are analyzed using the content analysis method. In brief, the researchers opine that these combined models hold key to more adequate and comprehensive remedies in providing punishment for trespass of waqf land case.

A Need for Regulatory Framework of Nominated Property in Malaysia: An Issue of Rights and Duties of Nominee

For Muslims, a nominee shall be regarded as mere executor or trustee and not an absolute beneficiary of the nominated property. Thus, the nominee is responsible to distribute the deceased property to the beneficiaries according to faraid rules. Nevertheless, the problems arise when the nominee misuses the property for his own benefits. Consequently, it leads to the violation of property rights of Muslims beneficiaries and may cause disputes and hostility among the nominee and the beneficiaries that could destroy the family institution and ummah in entirety. This research is based on qualitative content analysis methodology. It mainly aims to discuss the legal rights and duties of nominee and it seeks to identify the laws applicable in resolving the issues and problems relating to nominee. This paper provides some useful input to the public and proposes some recommendations for some related institutions and the policy-makers in implementing the relevant laws and policy on matters relating to nominee in the administration Muslims property in Malaysia.

Legal Framework Governing Waqf Implementation in Malaysian Universities: Lessons Learnt from Turkish Legal Frameworks

At present, there is no precise legal framework in governing waqf implementation in Malaysian universities. Under the existing Malaysian legal provisions, the State Islamic Religious Council (SIRC) is the sole trustee of waqf either waqf am or waqf khas. Thus, in creating waqf, universities must get the permission from the SIRC beforehand even though they are governed under their own higher education laws. Nevertheless, SIRC in each state does not provide a clear framework on how universities based on waqf should be governed as they are under the power of Minister of Higher Education. Consequently, there are various ways of implementing waqf in Malaysian universities, as well as, no standard framework on the management of these institutions. Likewise, in Turkey, there are comprehensive laws regulating their waqf (foundation) universities as well as their waqf universities management. This study has incorporated qualitative and exploratory approaches. In summary, the researchers opine that the existing legal frameworks governing the implementation of waqf in Malaysian universities require some enhancement and improvement to suit the need of the institutions. In fact, the reference could be made to Turkish frameworks as they have the best model to be learnt and adopted in Malaysian context wherever appropriate.