Religious Council and Kadis Courts Act · s 105

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105.
Capital of wakaf and nazar am
(1) Subject to the provisions of subsections (2) and (3), the capital property and assets affected by any lawful wakaf or nazar am shall not form part of the General Endowment Fund, but shall be applied in pursuance of such wakaf or nazar am and held as segregated funds.
(2) If from lapse of time or change of circumstances it is no longer possible beneficially to carry out the exact provisions of any wakaf or nazar am, the Majlis shall prepare a scheme for the application of the property and assets affected thereby in a manner as closely as may be analogous to that required by the terms of such wakaf or nazar am and shall apply the same accordingly:
Provided that the Majlis may, with the approval in writing of His Majesty the Sultan and Yang Di-Pertuan, direct that such property and assets shall be added to and form part of the General Endowment Fund.
(3) If the terms of any wakaf or nazar am are such that no method of application of the capital property and assets affected thereby is specified, or it is uncertain in what manner the same should be applied, the Majlis may direct that such capital property and assets shall be added to and form part of the General Endowment Fund.
(4) All instruments creating, evidencing or affecting any wakaf or nazar am, together with any documents of title or other securities relating thereto, shall be held and retained by the Majlis.

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s 105Capital of wakaf and nazar am

(1)

Subject to the provisions of subsections (2) and (3), the capital property and assets affected by any lawful wakaf or nazar am shall not form part of the General Endowment Fund, but shall be applied in pursuance of such wakaf or nazar am and held as segregated funds.

(2)

If from lapse of time or change of circumstances it is no longer possible beneficially to carry out the exact provisions of any wakaf or nazar am, the Majlis shall prepare a scheme for the application of the property and assets affected thereby in a manner as closely as may be analogous to that required by the terms of such wakaf or nazar am and shall apply the same accordingly:

Provided that the Majlis may, with the approval in writing of His Majesty the Sultan and Yang Di-Pertuan, direct that such property and assets shall be added to and form part of the General Endowment Fund.

(3)

If the terms of any wakaf or nazar am are such that no method of application of the capital property and assets affected thereby is specified, or it is uncertain in what manner the same should be applied, the Majlis may direct that such capital property and assets shall be added to and form part of the General Endowment Fund.

(4)

All instruments creating, evidencing or affecting any wakaf or nazar am, together with any documents of title or other securities relating thereto, shall be held and retained by the Majlis.