ENACTMENT NO. 5 OF 2004 MAJLIS UGAMA ISLAM NEGERI SABAH ENACTMENT 2004
PART III - FINANCE Wakaf, Nazr and Trust
Section 55. 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 Baitulmal, but shall be applied in pursuance of such wakaf or 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 required 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 approval in writing of the Yang di-Pertua Negeri, direct that the property and assets referred to in subsection (2) shall be added to and form part of the Baitulmal.
(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 Baitulmal.
(5) 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.