Management Of Fatwa Approach And Factors On The Implementation Of Istibdal Waqf In Selangor

Abstract

his study examines the fatwa approach and the leading factors in the implementation of istibdal waqf in the state of Selangor. This study is based on the Selangor State Enactment statement that is, the recognised opinion (qaul muktamad) in the Shafi’i school is the main reference in Islamic religious affairs, including in the field of waqf. Previous studies highlighted the criteria of Shafi’i school as rigid, strict, and limited in applying the concept of istibdal waqf. Therefore, this study is significant to be implemented to see to what extent the implementation of waqf istibdal in Selangor as well as to examine the relatable factors and the openness of fatwas. The methodology of this study was qualitative, where data were collected through library research and field study. Library research was conducted by collecting data from waqf books, articles, laws, and relevant circulars, while field research was conducted through unstructured interviews with Perbadanan Wakaf Selangor (PWS) officer who was directly involved in the implementation of waqf istibdal. The study’s results found that the PWS implemented the concept of istibdal on six waqf lots due to various factors. One of the factors is the acquisition of waqf land by the state authority for the purpose of public projects called road construction. In addition, the istibdal method is implemented to develop waqf land that is not strategic, lacks economic value, small-sized and limited land. The results show that PWS has a standard and structured reference method of istibdal implementation. The study’s results also found all istibdal implementations that were implemented by PWS have obtained permission from the Selangor State Fatwa Council. This shows that the state Fatwa Committee is open in referring to other sects in waqf istibdal. Hence, those waqf properties, especially in Selangor, are always maintained and expanded to benefit the Muslim community.