مقدار إجارة الوقف عند الفقهاء و تطبيقاته في ترنجانو بماليزيا : دراسة فقهية تحليلية

الملخص EN

This study aims to discuss the issue of leasing charitable trusts (waqf) and their legal status in Shari’a, as leasing is one of the important methods of investment in waqf funds that has been applied in many countries around the world since ancient times.

Leasing of waqf property is generally similar to the leasing of other properties but it needs additional provisions mainly to protect public interest.

These provisions include: specifying the party in charge of the properties, the tenant, the leasing rate, the duration of the leasing contract and the way the contract ends.

This study focuses on the issue of leasing rate as viewed by Islamic scholars.

A case study in Terengganu, a state in Malaysia, was conducted.

The methods employed are: the theoretical and analytical approach of relevant sources related to the topic.

This study underscores the need for the Mutawalli to determine suitable rate in one particular locality.

If he leases waqf properties far below the suitable rate and he is ignorant about that, he needs to pay the full amount, but if he knows about this matter, the contract shall be terminated and he needs to pay it.