IDEAS home Printed from https://ideas.repec.org/a/bcp/journl/v9y2025issue-9p884-898.html

Legal and Social Frameworks for the Management of Unclaimed Property in Islamic Contexts

Author

Listed:
  • Mustapahayuddin Abdul Khalim

    (Islamic Studies Department, Centre of General and Co-curricular, University of Tun Hussein Onn Malaysia, Johor, Malaysia)

  • Wan Zahari Bin Wan Yusoff

    (Department of Real Estate Management, Faculty of Technology Management and Business, University of Tun Hussein Onn Malaysia, Johor, Malaysia)

  • Amilia Hasbullah

    (Department of Economics Krisnadwipayana University, Jakarta, Indonesia)

  • Fazira Shafie

    (Department of Real Estate Management, Faculty of Technology Management and Business, University of Tun Hussein Onn Malaysia, Johor, Malaysia)

Abstract

This paper analyses the alignment of Islamic legal and sociocultural frameworks with contemporary governance to ensure fairness, transparency, and effectiveness in the recovery of unclaimed assets in most Arab Muslim countries. Research Design, Methodology, and Approach: A qualitative study was conducted using academic literature on Islamic legal principles, case studies of unadministered property management in four predominantly Muslim countries (Saudi Arabia, Egypt, UAE, and Jordan), and a comparative analysis of traditional and modern governance mechanisms across legal, socio-economic, and technological domains. Specimens and Information: Secondary data included academic literature, institutional documents (Al-Ahram, 2023; AMAF, 2024), and Islamic legal texts related to waqf, faraid, and equity law, together with comprehensive case analyses from Saudi Arabia, Egypt, the UAE, and Jordan. Results: The study outlined many strategies for unmanaged property management resulting from legal problems, cultural norms, and gender inequalities. Wathiqa in Saudi Arabia, WaqfChain in the UAE, community education in Jordan, and institutional improvements in Egypt will boost transparency and promote equitable distribution. This study introduces a Sharia-compliant method that integrates traditional Islamic property management concepts with technological advancements and social dynamics in the Arab context, distinguishing it from previous research. Limitations and Implications of the Research: Our reliance on secondary sources and focus on four nations may obscure substantial disparities in our global EVP assessment. Future study should leverage source data and investigate international variances more comprehensively to improve policy recommendations for the management of unclaimed property.

Suggested Citation

  • Mustapahayuddin Abdul Khalim & Wan Zahari Bin Wan Yusoff & Amilia Hasbullah & Fazira Shafie, 2025. "Legal and Social Frameworks for the Management of Unclaimed Property in Islamic Contexts," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(9), pages 884-898, September.
    • Handle: RePEc:bcp:journl:v:9:y:2025:issue-9:p:884-898
    as

    Download full text from publisher

    File URL: https://www.rsisinternational.org/journals/ijriss/Digital-Library/volume-9-issue-9/884-898.pdf
    Download Restriction: no
    File URL: https://rsisinternational.org/journals/ijriss/articles/legal-and-social-frameworks-for-the-management-of-unclaimed-property-in-islamic-contexts/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Lastarria-Cornhiel, Susana, 1997. "Impact of privatization on gender and property rights in Africa," World Development, Elsevier, vol. 25(8), pages 1317-1333, August.
    2. Dey, Jennie, 1982. "Development planning in The Gambia: The gap between planners' and farmers' perceptions, expectations and objectives," World Development, Elsevier, vol. 10(5), pages 377-396, May.
    3. Maclin, Beth J. & Kelly, Jocelyn T.D. & Perks, Rachel & Vinck, Patrick & Pham, Phuong, 2017. "Moving to the mines: Motivations of men and women for migration to artisanal and small-scale mining sites in Eastern Democratic Republic of the Congo," Resources Policy, Elsevier, vol. 51(C), pages 115-122.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. repec:bjc:journl:v:12:y:2025:i:8:p:1320-1329 is not listed on IDEAS
    2. Casari, Marco & Lisciandra, Maurizio, 2015. "Gender Discrimination and Common Property Resources," IZA Discussion Papers 9601, IZA Network @ LISER.
    3. Quisumbing, Agnes R. & Payongayong, Ellen & Otsuka, Keijiro, 2004. "Are wealth transfers biased against girls?: gender differences in land inheritance and schooling investment in Ghana's western region," FCND discussion papers 186, International Food Policy Research Institute (IFPRI).
    4. Quisumbing, Agnes R. & Pandolfelli, Lauren, 2010. "Promising Approaches to Address the Needs of Poor Female Farmers: Resources, Constraints, and Interventions," World Development, Elsevier, vol. 38(4), pages 581-592, April.
    5. Tsusaka, Takuji W. & Orr, Alastair & Msere, Harry W. & Homann-KeeTui, Sabine & Maimisa, Penias & Twanje, Gift H. & Botha, Rosemary, 2016. "Do Commercialization and Mechanization of a “Women’s Crop” Disempower Women Farmers? Evidence from Zambia and Malawi," 2016 Annual Meeting, July 31-August 2, Boston, Massachusetts 235885, Agricultural and Applied Economics Association.
    6. Bezabih, Mintewab & Holden, Stein, 2010. "The Role of Land Certification in Reducing Gender Gaps in Productivity in Rural Ethiopia," RFF Working Paper Series dp-10-23-efd, Resources for the Future.
    7. Bouquet, Emmanuelle, 2009. "State-Led Land Reform and Local Institutional Change: Land Titles, Land Markets and Tenure Security in Mexican Communities," World Development, Elsevier, vol. 37(8), pages 1390-1399, August.
    8. Arndt, Channing & Benfica, Rui & Thurlow, James, 2011. "Gender Implications of Biofuels Expansion in Africa: The Case of Mozambique," World Development, Elsevier, vol. 39(9), pages 1649-1662, September.
    9. Wineman, Ayala & Liverpool-Tasie, Lenis Saweda O., 2017. "Land Markets and Land Access Among Female-Headed Households in Northwestern Tanzania," World Development, Elsevier, vol. 100(C), pages 108-122.
    10. Abrefa Busia, Kwaku & Arthur-Holmes, Francis, 2024. "Women and gender in artisanal and small-scale mining: A review and future research directions," Resources Policy, Elsevier, vol. 98(C).
    11. Isabel Lambrecht & Monica Schuster & Sarah Asare Samwini & Laura Pelleriaux, 2018. "Changing gender roles in agriculture? Evidence from 20 years of data in Ghana," Agricultural Economics, International Association of Agricultural Economists, vol. 49(6), pages 691-710, November.
    12. Aidoo, J. B. & Otsuka, Keijiro & Payongayong, Ellen & Quisumbing, Agnes R., 1999. "Women's land rights in the transition to individualized ownership," FCND discussion papers 58, International Food Policy Research Institute (IFPRI).
    13. German, Laura & Schoneveld, George & Mwangi, Esther, 2013. "Contemporary Processes of Large-Scale Land Acquisition in Sub-Saharan Africa: Legal Deficiency or Elite Capture of the Rule of Law?," World Development, Elsevier, vol. 48(C), pages 1-18.
    14. Lambrecht, Isabel B., 2016. "“As a husband I will love, lead, and provide†: Gendered access to land in Ghana," IFPRI discussion papers 1514, International Food Policy Research Institute (IFPRI).
    15. Pauline Peters, 2007. "Challenges in Land Tenure and Land Reform in Africa: An Anthropological Perspective," CID Working Papers 141, Center for International Development at Harvard University.
    16. Gwendoline Promsopha, 2018. "Risk†Coping, Land Tenure And Land Markets: An Overview Of The Literature," Journal of Economic Surveys, Wiley Blackwell, vol. 32(1), pages 176-193, February.
    17. Dzodzi  Tsikata, 2016. "Gender, Land Tenure and Agrarian Production Systems in Sub-Saharan Africa," Agrarian South: Journal of Political Economy, Centre for Agrarian Research and Education for South, vol. 5(1), pages 1-19, April.
    18. Campus, Daniela, "undated". "Gender differentials in agricultural productivity: an empirical evidence from Uganda," 2017 Sixth AIEAA Conference, June 15-16, Piacenza, Italy 261259, Italian Association of Agricultural and Applied Economics (AIEAA).
    19. Meinzen-Dick, Ruth Suseela & di Gregorio, Monica & Dohrn, Stephan, 2008. "Decentralization, Pro-Poor Land Policies, and Democratic Governance," CAPRi Working Papers 44353, CGIAR, International Food Policy Research Institute (IFPRI).
    20. Mustapahayuddin Abdul Khalim & Wan Zahari Wan Yusoff & Amilia Hasbullah & Fazira Shafie, 2025. "Governing Urban Land for Sustainable Development: Strategies for Equitable Access and Resource Management," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(8), pages 6252-6265, August.
    21. Meinzen-Dick, Ruth & Quisumbing, Agnes & Doss, Cheryl & Theis, Sophie, 2019. "Women's land rights as a pathway to poverty reduction: Framework and review of available evidence," Agricultural Systems, Elsevier, vol. 172(C), pages 72-82.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bcp:journl:v:9:y:2025:issue-9:p:884-898. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dr. Pawan Verma (email available below). General contact details of provider: https://rsisinternational.org/journals/ijriss/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.