Section 61. Restrictions on creation of charitable trusts. (ADMINISTRATION OF MUSLIM LAW ENACTMENT 1955

ENACTMENT NO. 4 OF 1955
ADMINISTRATION OF MUSLIM LAW ENACTMENT 1955

PART V - FINANCIAL
Wakaf and Nazr

Section 61. Restrictions on creation of charitable trusts.

(1) Whether or not 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 unless expressly sanctioned and validated by His Highness the Sultan in writing.

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

(a)

His Highness the Sultan shall have expressly sanctioned and validated the same, 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 living in the same village as the maker.

(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