ROYAL WAQF IN PERAK: A LEGAL AND HISTORICAL ANALYSIS

Abstract

This paper analyses the legal and historical development of waqf made by Sultan Idris Murshidul' adzam Shah in Perak (1849 to 1916). There are many untraceable, lost, and perished waqfs in Malaysia. However, Sultan Idris’s waqf is an exception which still exists since its establishment in 1917. As such, this research intends to explore its sustainability factors. The research methodology used is the doctrinal and non-doctrinal research methods. The doctrinal method is used to analyse the enactments, government gazettes, audit reports, journal articles, and history books. Meanwhile, the non-doctrinal legal method, namely semi-structured interview, clarifies findings and information gathered from various documents. The research is essential as there is a lack of comprehensive research done on waqf made by the Sultans or the Head of State in Malaysia. The researcher finds that  the waqf was an established under written legal instrument;  the waqf by Sultan Idris was made based on the English law of trust, but the spirit and principles of waqf to permanently benefit the beneficiaries remain intact; the appointment of the Sultan's descendants as the trustees alongside a committee proved to be crucial for the sustainability of the waqf; and there was check and balance process through legal provision. This research provides a clearer picture of waqf practice before the establishment of Perak's State Islamic Religious Council and evidenced the Sultan's contribution towards developing and protecting Islam.