Shariʿah and Legal Analysis on Temporary Waqf (Waqf Al-Muʼaqqat) in Malaysia

Jawwad Ali

Mohammad Azam Hussain

Mohammad Abdullah

 

Abstract: This study explores the concept of temporary waqf (waqf al-muʼaqqat) within the Malaysian context, addressing a significant gap in both Shariʿah and legal scholarship. Traditionally, waqf has been understood as a perpetual endowment of immovable assets; however, contemporary developments have introduced more flexible models, including temporary waqf. Drawing on classical Mālikī jurisprudence and contemporary fatāwā from bodies such as AAOIFI, IFA, and Malaysian state committees, the paper argues that temporary waqf is permissible under Shariʿah and increasingly recognised in Malaysian legal frameworks. Through qualitative analysis of five revised state enactments (Selangor, Perak, Terengganu, Pahang, and Sabah) the study finds that while older laws adhere strictly to the Shāfiʿī requirement of perpetuity, newer enactments implicitly or explicitly accommodate temporality. The research concludes that temporary waqf aligns with Islamic legal principles and offers a dynamic tool for socio-economic development. It recommends explicit legislative recognition, harmonisation of enactments, gazettement of supportive fatāwā, and development of practical guidelines to ensure clarity and effective implementation. By bridging classical jurisprudence with contemporary legal reform, the study affirms the legitimacy of temporary waqf and its potential to enhance philanthropic participation in line with maqāṣid al-Shariʿah.