Section 65. Restriction on creation on charitable trusts. (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS (TERENGGANU) ENACTMENT 1422H/2001M

ENACTMENT NO. 2 OF 2001
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS (TERENGGANU) ENACTMENT 1422H/2001M

PART V. - FINANCE
Wakaf, Nazar and Trusts

Section 65. Restriction on creation on charitable trusts.

(1) Whether or not made by way of will or death-bed gift, no wakaf or nazar made after the commencement of this section and involving more than one-third of the property of the person making the wakaf or nazar shall be valid in respect of the excess beyond such one-third.

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

(a)

the Duli Yang Maha Mulia Sultan, after consulting the Majlis, has expressly sanctioned and validated the

wakaf khas

nazar;

(b)

the

wakaf khas

nazar

was made while the maker was seriously ill and the maker subsequently dies of such illness and was made in writing by an instrument executed by him and witnessed by two adult Muslim living in the same

mukim masjid

as the maker.

(3) This section shall not operate to render valid any will, death-bed gift, wakaf or nazar which is invalid under the provisions of Hukum Syarak.

(4) Any wakaf or nazar which is valid in accordance with the previous Enactment shall remain valid for the purpose of this Enactment.