Section 92. Restrictions on creation of charitable trusts. (ADMINISTRATION OF MUSLIM LAW ENACTMENT

ENACTMENT No. 9 Of 1962
ADMINISTRATION OF MUSLIM LAW ENACTMENT

PART IV - FINANCIAL

Section 92. Restrictions on creation of charitable trusts.

(1) Whether 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 valid in respect of the excess beyond such one-third except with the consent of the beneficiaries.

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

(a)

His Highness 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 Panglima living in the same mukim as the maker:

Provided that if no Penghulu, Pegawai Masjid or Panglima is available as hereinbefore described any other adult Muslim who would 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.