Malaysia frequently encounters problems which then had to be referred to the court. Secondly, waqf institution operates with limited human resources, pemudahcara pelaburan forex to mention lack of expertise in some field such as technical and financial. The impact of lack of financial expertise is that, the income earned by waqf institution will be very low.
However, according to ulama from Madhhab Hanbali, istibdal is openly applied compared to other Madhhab. 4 th November 1996, it was decided that istibdal is a good act and should be practiced, in view of rapid development throughout the country, while waqf properties, such as unattended and abandoned mosque site may caused problems to the authorities. States in Malaysia also agreed with the fatwas decided by National Fatwas Council 7. The collaboration includes a development of 30 units of three-storey shop houses, 19 units of terrace houses, 4 units of semi-detached houses and 1 unit of bungalow. Apart from joint development, the waqf land development by istibdal was also agreed to by MAIK s Ulama.
MAIK as a sole controller and nazir to all waqf property must use the compensation received from PNB for burial related matters such as buying a replacement cemetery land and fulfilled the terms of exchange. Based on the responses received by Mufti Department, MAIK offered for sale of the land to PNB with the valued price of RM 2,650, and the cost of excavating the old graveyards shall be financed entirely by PNB. Implementation of istibdal on the land can be explained below: i. The Collector of Land Revenue, Johor Bharu, High Court, Johor Bharu. The issue was, what is the fair market value of the land acquired on ? And what, if any, increase in value of the plaintiff s adjoining land was likely to accrue from the use of the acquired land as a school. The Court ruled as follows: i.