Section 91. Restrictions on creation of charitable trusts. (ADMINISTRATION OF MUSLIM LAW

ENACTMENT No. 1 Of 1959
ADMINISTRATION OF MUSLIM LAW

PART IV - FINANCIAL

Section 91. Restrictions on creation of charitable trusts.

(1) Whether or not made by way of will or death-bed gift, no wakaf or nazr made after the commencement of this Enactment and involving more than one-third of the property of the person making the same shall be walid in respect of the excess beyond such one-third.

(2) Every wakaf khas or nazr made after the commencement of this Enactment shall be null and void unless-

(a) the Yang di-Pertuan Agong 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 two adult Muslims one of whom shall be a Penghulu, Pegawai Masjid or a Sidang living in the same mukim as the maker:

Provided that if no Penghulu, Pegawai Masjid or Sidang is availabel as hereinbefore described any other adult Muslim who could not have been entitled to any beneficial interests in the makers estate had the maker died intestate shall be a competent witness.

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