ENACTMENT NO. 2 OF 1966 KELANTAN COUNCIL OF RELIGION AND MALAY CUSTOM ENACTMENT, 1966
PART III - FINANCIAL CHARITABLE TRUSTS
Section 22. Restrictions on creation of charitable trust.
(1) Whether or not made by way of Wasiat or death-bed gift, no wakaf or nazar made after the commencement of this Enactment 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 express sanctioned and validated by His Highness the Sultan in writing.
(2) Every wakaf khas or nazar made after the commencement of this Enactment shall be null and void unless-
(a) His Highness the Sultan 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 majlis of the mukim masjid, and by either the Penggawa of the daerah or the penghulu 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 Hukum Shara'.