ENACTMENT NO. 13 OF 1992
ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1992

PART III - FINANCIAL PROVISIONS
CHARITABLE TRUSTS



Section 49. Capital of wakaf and nazr am.

(1) Subject to the provisions of subsections (2) and (3), the capital property and assets affected by any lawful wakaf or nazr am shall not form part of the Baitulmal Fund, but shall be applied in pursuance of such wakaf or nazr am and held as separate funds.

(2) If due to lapse of time or change of circumstances it is no longer possible beneficially to carry out te exact provisions of any wakaf or nazr am, the Majlis shall prepare a scheme for the use of the property and assets affected thereby in a manner required by the terms of such wakaf or nazr am, and shall use thesame accordingly:

Provided that the Majlis may, with the approval in writing of the Yang di-Pertua Negeri, direct that such property and assets shall be added to and form part of the Baitulmal Fund.

(3) If the terms of any wakaf or nazr am are such that no method of usage of the capital property and assets affected thereby is specified, or it is uncertain in what manner the same should be applied, the Majlis may direct that such capital property and assets shall be added to and form part of the Baitulmal Fund.

(4) All instruments creating, evidencing or affecting any wakaf or nazr am, together with any documents of title or other securities relating thereto, shall be held and retained by the Majlis.




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