Section 10. Duties and powers of Corporation. (BAITUMAL CORPORATION ENACTMENT 1998

ENACTMENT NO. 11 OF 1998
BAITUMAL CORPORATION ENACTMENT 1998

PART II - BAITULMAL CORPORATION

Section 10. Duties and powers of Corporation.

(1) It shall be the duty of the Corporation to expend or defray any money or property received by it to develop, encourage, facilitate and maintain the economic, social and welfare development of the Muslims in the State of Sabah in accordance with Hukum Syarak.

(2) (a) For the purpose of subsection (1), there shall be established appropriate committees to supervise the management of the affairs of the Corporation to ensure that it does not involve matters contrary to Hukum Syarak.

(b)

The Corporation shall make rules relating to the committees established under subsection (1).

(3) The Corporation shall have power –

(a)

(i) to carry out and implement any policy formulated by the Majlis;

(ii) to manage and to deal with the estate of any deceased Muslim;

(iii) to manage the affairs relating to the management of

wakaf

and

wasiat;

(iv) to plan for and implement any economic or welfare project with respect to the property or the accrued funds of Baitulmal;

(v) to receive, deal with and utilise any property or trust money, alms, gift, donation, reserve, loan and such a like;

(vi) to distribute, expend, utilise or by whatever means, defray money of Baitulmal in accordance with the approval given by the Majlis; and

(vii) to do any other matters relating to the affairs of Baitulmal;

Estate

(b)

(i) to inquire about the heirs of any deceased;

(ii) to make distribution by means of

faraidh

to the heirs of the deceased;

(iii) to inquire about the property reserved to Baitulmal being the proceeds of the balance from the distribution of estate;

(iv) to manage and deal with redemption of property by the heirs or

zawil arham;

(v)

to plan for project, to expand and to enhance the property of Baitulmal;

(vi) to inquire about any heirless property and any property not claimed by any heir;

Wakaf Property

wakaf

property, movable or immovable, in the State of Sabah which has not been duly recorded;

(ii) to determine the type of

wakaf

, whether general or special;

(iii) to deal with property which has been donated for

wakaf

in accordance with the wishes of the donee;

(iv) to plan for and develop essential project on the

wakaf

land;

(v) to give explanation and to carry out campaigns to encourage Muslims to create

wakaf.

Responsibility

(d)

(i) to collect and to compile from time to time information in respect of the development of investment in shares wherein Baitulmal may invest;

(ii) to prepare any report and proposal on investment in shares for action by the Corporation or the Baitulmal Committee;

(iii) to keep an up-to-date record on the movement of the affected shares;

(iv) to obtain information on and to search out sources of offer for sale of any land or building;

(v) to prepare any working paper on the purchase of land, building and other property;

(vi) to plan for project on property which has been purchased, particularly land;

(vii) to carry out work of supervision and superintendence such as maintenance, leasing and such like of the property, land and building purchased by Baitulmal;

Development of wakaf land

(e)

(i) to supervise, control and record existing

wakaf

land in Sabah for the purpose of development;

(ii) to conduct study and to plan for project on such

wakaf

land;

(iii) to prepare project paper on such

wakaf

land; and

(iv) to conduct research on and to plan for suitable

wakaf

project to be implemented by Baitulmal for the benefit of Baitulmal, including commercial and industrial activities, and to prepare the relevant working papers.