ENACTMENT NO. 11 OF 1998 BAITUMAL CORPORATION ENACTMENT 1998
PART IV - FINANCE Charitable Fund
Section 21. Amal Jariah Fund.
(1) (a) There shall also be established a fund to be known as "Amal Jariah Fund" to collect and to accumulate money from the Muslim community in the State as a monthly alms for the use of Islamic Religion and the welfare of the Muslims.
(b) The Amal Jariah Fund shall be placed under Baitulmal, and it is a Syu'bah of Baitulmal which operates under Part V of the Administration of Islamic Law Enactment 1992, with the Corporation as the trustee.
(c) Subject to section 21 (1)(b), the Corporation shall make rules on collection and accumulation of money to fill the Amal Jariah Fund in pursuance of the power provided under this Enactment.
(d) Money of the Amal Jariah Fund shall be credited into Baitulmal but shall be separated from the accounts of Baitulmal.
Limit of Making Charity (Donation)
(2) No person shall, by way of a will or otherwise, be allowed to create, a wakaf or to make a vow in respect of more than one-third (1/3) of all his property, and, if he does so, it shall be invalid except with the permission of his heirs.
Income from Wakaf and Vow
(3) (a) Income from wakaf if received by Baitulmal shall be used according to whatever is stipulated in the instrument of wakaf.
(b) Income from every other wakaf and general vow shall be paid to Baitulmal to become part of the fund.
(c) Subject to subsection (2), capital asset, and properties in respect of wakaf and in respect of legitimate general vow shall not become part of Baitulmal, but shall be used for extension of the wakaf and general vow and kept in separate accounts.
(d) If owing to elapse or change of time, it is not beneficial to carry out what is provided in the instrument of wakaf or general vow, the Corporation shall submit a proposal to the Majlis on the use of the property or other possession in some other way which is closely similar to what is intended in the conditions of such wakaf or general vow.
(e) The Corporation may, with the approval of the Majlis and on the advice of the State Fatwa Council, direct such other property be put into Baitulmal.
(f) If the conditions of the wakaf and general vow do not state clearly how to use the capital asset and other property in respect thereof, or do not state how to use such property, the Majlis may direct that the capital asset and the other property be put into Baitulmal to become part of the fund, after obtaining advice from the State Fatwa Council.
(g) All instruments making or proposing or relating to wakaf or general vow together with relevant document of ownership and the declaration in respect thereof shall be kept and held by the Majlis as the sole trustee for all wakaf.
(h) If, in the opinion of the Majlis, the meaning and purpose in the instrument of wakaf or general vow or declaration creating or relating to any wakaf or general vow are not clear and specific, the Majlis may refer to the State Fatwa Council to determine the meaning and purpose thereof and the Majlis shall comply with the decision given by the State Fatwa Council.