implementation of istibdal for waqf property in the State of Penang and how it is implemented. .. Pelaksanaan Istibdal Harta Wakaf di Negeri Pulau Pinang. If so, what are the actions that had be taken by MAIK to perform istibdal .. namely Seminar Transformasi Peletakhakan Tanah Wakaf was held on 25th until 27th. (1) Subject to the decision of the Fatwa Committee, the Majlis may istibdal any mawquf (a) if any of the conditions of wakaf is inconsistent with any written law;.

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Documents Flashcards Grammar checker. Science Biology Neuroscience Istibdal – Macrotheme advertisement. If so, what are the actions that had be taken by MAIK to perform istibdal substitution on istibdql property of special waqf that can generate income?

Is substituting the property of special waqf which can generate income with the new waqf property ensure the maslahah of ammah general benefits?

Based on content analysis, this working paper attempts to answer the questions posed above. Religious and Malay Custom Council of Kelantan 1. The waqf institution back then, was able to finance many amenities and social services. Among them, the construction of infrastructure development, community services, education, cultural and religious services Bahaeddin Yediyildiz, However, nowadays, the waqf institution is no longer relevant, despite having a substantial value of property.

This may be due to two reasons. Firstly, at present, most of the waqf properties are not of income generating properties. This differs during the reign of Rasulullah SAW, where all the waqf properties were income generating property.

For instance, as narrated by Imam wakkaf about the waqf of Umar al-Khatab, which mentioned: He sought counsel from Rasulullah SAW: Ietibdal Rasul of Allah! I have acquired a piece of land from Khaibar. I had never had any wealth more valuable than that. Rasul of Allah replied: Secondly, waqf institution operates with limited human resources, not to mention lack of expertise in some field such as technical and financial.

The impact of lack of financial expertise is that, the income earned by waqf institution will be very low.

Istibdal – Macrotheme

For instance, in Egypt, the value of istbdal properties reach half trillion Egyptian pounds; but the annual income received is only estimated at 1. This problem occurs due to lack of expertise particularly in the area of finance al Arabiya News, on-line 24th July This lack of expertise is a common challenge faced by other Muslim countries including some states in Malaysia.

To develop waqf property, particularly through istibdal, expertise is an important factor. It involves expertise in both financial and technical fields.

If MAIK officers do not possess the required expertise, how can these issues be solved? Besides, in terms of maslahah amah common goodhow can istibdal benefit MAIK, particularly on acquiring new property which can generate income instead of replacing the newly acquired property with the same waqf property?

Thus, this paper will be divided into three sections. Firstly, this paper will analyse the background of istibdal, particularly about the method and its application in Malaysia. Second, this paper will explain the development of waqf property at LotSek. The last section will review several approaches that can be taken to overcome the lack of technical and financial expertise.

Benefit of the waqf property in terms of income, acquisition or other benefits will be determined by the waqif itself JAWHAR, Any waqf property that do not provide any benefits will be allowed to be substituted by the process of istibdal with better property in terms of economy benefits as long as it is still in maslahah for people.

Istibdal can be defined by buying any other new property with sales revenue that will be used as mawquf to replace the old property under substitution method with the same values or with better benefits JAWHAR, Ulama have different opinions on how to implement istibdal. Madhhab Hanafi approved the use of Istibdal except for waqf mosque1. New mosque must be built as a replacement and must be near the collapsed waqf mosque. Apart from mosque, istibdal can be implemented by selling or replacing the property Wahbah al-Zuhaili, However, according to ulama from Madhhab Hanbali, istibdal is openly applied compared to other Madhhab.


This is due to istibdal which is undertaken by Umar al-Khattab on the mosque in Kufah. The mosque was still used by the people of Kufah but was transformed as a market for the locals Ibn Taimiyyah, Application on istibdal among Madhhab Hanbali can be divided into two conditions, first, istibdal can be done because of needs; and two, istibdal can be done because of the requirement of maslahah.

Istibdal is permissible in terms of laws or fatwas. In terms of laws, three states had included specific provision about istibdal in their state enactment. For states that had not included statutory provisions, the authority to implement the istibdal is with Islamic Religious Administration under subsidiary laws of the state JAWHAR, 5.

On 13th Aprilmuzakarah by National Fatwas Council, 4th Islamic Affairs decided that a replacement waqf is to change the mawquf with other property by way of sales or purchases with the purpose to maintain the mawqufis permissible according to taqlid from Imam Abu Hanifah.

States in Malaysia also agreed with the fatwas decided by National Fatwas Council7. Istibdal occurs in two forms9. First, change or replace the property with the same value of new property. Kacu, Tapah after the property has been acquired by state authorities due to public interests. Compensation from the state land acquired was used by MAIAMP to buy new plots of land to replace the land which has been acquired by the state authorities.

Manual pengurusan: istibdal wakaf. (Book, ) []

The mosque was demolished and was replaced with a new Pantai Kundur Mosque at a different location. The potential property or land was purchased notwithstanding it was owned by individual, communities or organization. State Mufti of Malacca on the behalf of Malacca Syariah Council has issued a fatwa, which means if any waqf property was taken aback by state authorities; the compensation must be paid to State Islamic Religious Council in order to replace the old waqf property with a new waqf property.

Implementation of istibdal by Kedah Islamic Religious Council MAIK on dual-runway electric train from Ipoh to Padang Besar which involves the transfer of Muslim cemetery; and a structure in mosque compound that needs to be demolished and replaced. The decision by State Fatwa Council is istibdal for those cases by replacing the land with another new land property and paid the compensation of current value to Malacca Islamic Religious Council. The collaboration includes a development of 30 units of three-storey shop houses, 19 units of terrace houses, 4 units of semi-detached houses and 1 unit of bungalow.

They released a fatwa on the development by istibdal on 5th August which stated that any mawquf substitution or sales can be performed on waqf land in necessary situation and benefits the ummah including property or mawquf that have insufficient proceeds to cover the maintenance cost. This decision was based on opinion from Ibn Taimiyyah and writings by Dr. The implementation of istibdal at Lot. PNB had discovered there was an abandoned Muslim cemetery site next to the hotel building and the land was needed by PNB for expansion purposes.

Valuation and Property Services Department had evaluated the land with the valuation of RM 2, Permodalan Nasional Berhad PNB has requested for revaluation of the land with reasons as stated below: The Sultan also decreed that the proposed development of the abandoned Muslim cemetery site to be consulted with Mufti of Kelantan.

Mufti then gave his views on 22nd December about the proposal of redeveloping new Muslim cemetery at Lot,Sek. The old cemetery which was no longer used to bury the dead and it was believed that the remains of the corpse has become soiled, then the grave must be excavated and transferred to a new graveyard.


Permissibility based on public interests and it is government-owned reserved area.

MAIK as a sole controller and nazir to all waqf property must use the compensation isgibdal from PNB for burial related matters such as buying a replacement cemetery land and fulfilled the terms of exchange. Implementation of istibdal on the land can be explained below: Lot Section 12, Kota Bharu was a waqf irsyad grave and has not been used for a long time.


The use of this land as waqf grave was no longer suitable because it is located in an area that is rapidly developing. PNB as the applicant of the land is an entity set-up by the government to protect the interests of the Bumiputera and Muslims.

Development of this land would benefit the maslahah of Muslims in Kelantan, socially and economically. The money was deposited in a special account to purchase a replacement land for the graveyard. MAIK is trying to find a suitable land for the development of the new graveyard. This istibdal money can actually be used for the development of new graveyard or to improve the existing graveyard available. To justify, during the valuation process, factors that influenced the price of the land need to be considered.

Secondly, what kind of other property that should be substituted so that it provides maximum benefits to MAIK, apart from the graveyard as replacement to the original waqf? The use hotel is allowed by the planners; ii. The use is based on current demand, which is a trade, and; iii.

Pelaksanaan Istibdal Wakaf di Negeri Kedah Darul Aman.

Free from vacant possession, where the cost of excavating the graveyard borne by the landlord. After taking into consideration the factors that influenced the above valuation, the valuation officers have considered the fair market value is at RM 2, It was proposed that for the purpose of disposing of the property for development, the negotiation started from RM 2, Although the valuation of the land was to consider the three factors above, was the valuation reasonable?

In this case, there is no valuation comparison being done with other parties. This is important because there was a court rule on the appreciation value, according to Part 2 bFirst Schedule of Land Acquisition Act The issue was, what is the fair market value of the land acquired on The Court ruled as follows: The award was approximately However, in this istibdal case, the Valuation and Property Services Department appreciated the value of the land to RM 2, To determine the potential value of the land is difficult.

If not we can say a place in the wilderness has the potential to set up a town, for example, although it is far from human habitation. Istiibdal potential may be there, istibval in a period very far ahead.

MAIK also experienced problem for a better substitution property at a reasonable price. Among the important resolutions agreed from the seminars are: A comprehensive and integrated master plan for development of waqf will be drafted by JAWHAR in collaboration with related parties as a reference and guide to all stakeholders to strengthen the development of waqf land. JKPTG wakwf take action to standardize the rules and regulation of the Land Administrator in order to meet the vesting requirement of waqf land in all States including the upbringing of the computerized Land Registration System and e-Tanah System.

However, since these issues are related to ijtihad, then each issue need to be examined carefully before actions are taken while the laws might be different from one maslahah to another.

If there is an urgent need to develop any waqf property isribdal the benefits of ummah, thus proceeds from the istibdal can be used to develop new waqf property.