Application of legal principles of Islamic objectives on the regulation and management of Islamic endowment (Waqf): Drawing lessons from different contexts
Several studies have investigated Islamic endowment (Waqf), but less attention has been given to the application of legal principles of Islamic objectives in the regulation and management of Islamic endowments in Muslim communities. The primary focus of this study is to explore the legal implementation of Maqasidush-Shari’ah or otherwise known as the Objectives of Islamic Law, as evidenced in Islamic charitable endowments. This study employs an analytical research approach (ARA), systematic literature review (SLR) and content analysis (CA) to demonstrate and evaluate how the Waqf institution can be revitalized in contemporary times, drawing parallels with its effective implementation during the formative years of Islam, rooted in the principles of Maqasidush-Shari’ah. The results demonstrate that the efficacy of Waqf typically stems from the societal advantages it offers, derived from the safeguarding of faith, property, life, honour, and lineage, which are fundamental of Maqasidush-Shari’ah or objectives of Islamic law. The study further demonstrated that Islamic endowment has various benefits such as providing grant to the social development and interests to the public. However, various challenges such as knowledge deficit in the application of Shari‘ah principles in Waqf, lack of a developed framework for managing various types of Waqf among others are identified. Nonetheless, effective regulation and management of Waqf applications of Islamic objectives on Waqf. In conclusion, this study has underscored the significant contributions of the Islamic endowment system across various spheres, including social welfare, scientific advancements, economic prosperity, and healthcare, all of which align with the objectives of Islamic legal principles encapsulated in Maqasidush-Shari’ah. Hence, the research ultimately proposes several favourable elements that could bolster the resurgence of Waqf in contemporary times, reviving its significance and societal impact. It is therefore suggested that the stakeholders should enhance understanding of the policies, legal principles, and governance structures governing Waqf as an Islamic charitable foundation, substantiated by Islamic objectives (Maqasidush-Shari’ah).