Section 63. Restriction on creating of charitable trust. (COUNCIL OF THE RELIGION OF ISLAM AND MALAY CUSTOM, KELANTAN ENACTMENT 1994

ENACTMENT NO. 4 OF 1994
COUNCIL OF THE RELIGION OF ISLAM AND MALAY CUSTOM, KELANTAN ENACTMENT 1994

PART III - PROPERTY AND FINANCE OF MAJLIS
Wakaf and nazar

Section 63. Restriction on creating of charitable trust.

(1) Whether or not made by way of will or deathbed gift, a 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 void in respect of the amount exceeding such one-third.

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

(a)

His Royal Highness the Sultan on the advice of the Majlis, has sanctioned and validated it; or

(b)

it was made during a death-bed from which the person making it died and it was made in writing by an instrument executed by him and witnessed by two Muslims who are qualified according to the Muslim law, of whom one of them is the pegawai masjid in the area in which he resided.

(3) This section shall not be used to validate any will, gift during death-bed, wakaf or nazar which is not valid according to the Hukum Syarak.