Religious Council and Kadis Courts Act · 2022 Revised Edition · Part 4
102. Restrictions on creation of charitable trusts
Official textFrom Attorney General's Chambers, unchanged
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.
nazar
“nazar” means an expressed vow to do any act or to dedicate property for any purpose allowed by Muslim law;
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Every wakaf khas or nazar made after the commencement of this
wakaf khas
“wakaf khas” means a dedication in perpetuity of the capital of property for religious or charitable purposes recognised by Muslim law, and the property so dedicated, the income of the property being paid to persons or for purposes prescribed in the wakaf;
Act shall be null and void unless —
His Majesty the Sultan and Yang Di-Pertuan shall have expressly sanctioned and validated the same in writing; or
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.
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.
Terms defined in s 2
ketua
Defined · s 2“ketua” means a ketua of a kampong who is in possession of a Tauliah issued by His Majesty the Sultan and Yang Di-Pertuan for the purposes of this Act;
mukim masjid
Defined · s 2“mukim” and “mukim masjid” mean the area prescribed by the Majlis in accordance with this Act within which a mosque is situated;
nazar
Defined · s 2“nazar” means an expressed vow to do any act or to dedicate property for any purpose allowed by Muslim law;
pegawai masjid
Defined · s 2“pegawai masjid” includes the Dato Imam, Si Raja Khatib, Tuan Imam, Udana Khatib, all Khatib, all mudim, all Imam, all Bilal and all mosque officials appointed under section 130;
penghulu
Defined · s 2“penghulu” means a penghulu of a mukim who is in possession of a Tauliah issued by His Majesty the Sultan and Yang Di-Pertuan for the purposes of this Act;
property
Defined · s 2“property” includes all estates, interests, easements and rights, whether equitable or legal, in, to or out of property, and things in action;
wakaf khas
Defined · s 2“wakaf khas” means a dedication in perpetuity of the capital of property for religious or charitable purposes recognised by Muslim law, and the property so dedicated, the income of the property being paid to persons or for purposes prescribed in the wakaf;
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Mosques
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Converts
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Renunciation of Islamic Religion
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Offences
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