ENACTMENT NO. 4 OF 2004
ADMINISTRATION OF THE RELIGION OF ISLAM (PERAK) ENACTMENT 2004

PART VI - FINANCIAL
Wakaf, Nazr and Trusts



Section 82. Capital of wakaf and nazr.

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

(2) If due to lapse of time or change of circumstances it is no longer possible beneficially to carry out the exact provisions of any wakaf or nazr 'am, the Majlis shall prepare a scheme for the application of the property and assets affected thereby in a manner as closely as may be analogous to that requied by the terms of such wakaf or nazr 'am, and shall apply the property and assets accordingly.

(3) Notwithstanding subsection (2), the Majlis may, with the consent in writing of Duli Yang Maha Mulia Sultan, direct that the property and assets referred to in subsection (2) shall be added to and form part of the Baitumal.

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

(5) All instrument creating, evidencing or a 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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