Title of article
Development of Dorman Waqf Properties: Application of Traditional and Contemporary Modes of Financing
Author/Authors
Sadique, Muhammad Abdurrahman International Islamic University Malaysia - Ahmad Ibrahim Kulliyyah of Laws, Malaysia
From page
75
To page
102
Abstract
Maintenance of waqf assets and keeping them in a productive state is emphasized in Islamic legal literature. In addition to traditional avenues, jurists have sanctioned certain special modes for sustaining awqāf, in order to ensure their continuance. Due to the specific legal nature of waqf assets in shari ah, some contemporary modes of financing are notreadily practicable in the context of waqf. Equity-based financing modes where a joint venture is initiated with the waqf assets forming part of the joint capital are not acceptable, as such modes involve partial transfer of waqf-ownership.Decreasing partnership and other formats proposed may be used for financing some waqf projects, with due observance of sharf ah guidelines. Due to concerns that arise in certain modes principally relating to the issue of ownership, formats based on ijārah and istisnā appear best suited for financing awqāf
Keywords
Waqf Property , Ownership , Financing , Mushiirākah , ljārah , Istisnā , Development , Investment
Journal title
IIUM Law Journal
Journal title
IIUM Law Journal
Record number
2558389
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