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Religious Council and Kadis Courts Act · s 102

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s 102Restrictions on creation of charitable trusts

(1)

Whether or not made by way of will or death-bed gift, no wakaf or nazar made after the commencement of this Act and involving more than one-third of the property of the person making the same shall be valid in respect of the excess beyond such one-third, unless expressly sanctioned and validated by His Majesty the Sultan and Yang Di-Pertuan in writing.

Religious Council and Kadis Courts 30

(2)

Every wakaf khas or nazar made after the commencement of this

Act shall be null and void unless —

(a)

His Majesty the Sultan and Yang Di-Pertuan shall have expressly sanctioned and validated the same in writing; or

(b)

it was made during a serious illness from which the maker subsequently died and was made in writing by an instrument executed by him and witnessed by one of the pegawai masjid of the mukim masjid, and by either the penghulu of the daerah or the ketua of the kampong, in which the maker resided.

(3)

This section shall not operate to render valid any will, death-bed gift, wakaf or nazar which is invalid under the provisions of Muslim law.