Development is essential for any nation to chart stable economic growth rates. Economic stability will ensure the well-being of the people.
Landowners in Kampung Baru too wish to enjoy the fruits of development. The traditional houses built since the 1970s need to be upgraded and redeveloped.
Today, their homes are dwarfed and overshadowed by the skyscrapers surrounding their settlement.
Architect Datuk Mohtar Rahmad said the latter can be redeveloped via leasing and wakaf (endowment made by a Muslim to a religious, educational or charitable cause), which will ensure that the land titles remain in the hands of the owners and their future generations.
At the same time, sustainable development will ensure the enhancement of its heritage, cultural and religious values.
The development of Kampung Baru has to be carried out in line with its heritage, cultural and religious aspirations, as stipulated by Kampung Baru Development Corp (KBDC) which was incorporated in 2012 under the Kampung Baru Development Corporation Act 2011 (Act 733).
Section 2 of the Act states that KBDC’s chief responsibility is to preserve the landowners’ interests and heritage, cultural and religious values.
Hence, the area’s development plans need not have to tally with the profit-oriented capitalistic system. It is clear that the capitalistic approach has failed to establish social harmony and this is why a better alternative is being sought, one of them being the wakaf concept.
Wakaf properties cannot be sold or bought. As such, wakaf real estate will serve as the fortress, saviour and protector of the Muslim community.
Since most of the landowners in Kampung Baru do not oppose development but wish to retain their landholdings for heritage purposes, the Land Act 1987 has to be reviewed.
Land legislation expert Datuk Prof Salleh Buang has previously said that one of the provisions under the Land Act which restricts the sale and occupancy of land to races other than Malays must be reviewed.
If necessary, this restriction should be abolished so that the buildings to be developed in Kampung Baru can be rented out to non-Malays. Renting is not equivalent to owning, hence that particular provision in the Land Act should be synchronised with the Malay Reservation Enactment 1913.
For the development of Kampung Baru land, the authorities concerned can take a leaf from the development of Menara Imarah, which is situated on wakaf land, in Jalan Tun Perak here.
The development of the building was carried out under a joint venture among the Federal Territories Islamic Religious Council (MAIWP), developer and Bank Islam (M) Bhd. It was a win-win situation for them as they leveraged on the existing infrastructure in the vicinity.
Also, through the wakaf concept, development funds can be raised via the issuance of sukuk or Islamic bonds.
MAIWP will also take the initiative to develop the land in accordance with the aspirations of the original landowners. – Bernama
• The writer Prof Dr Ismail Omar is the president of the Land Professionals Association of Malaysia (PERTAMA) and a senior lecturer in real estate management and ‘wakaf’ expert at Universiti Tun Hussein Onn Malaysia.
