Section 80. Restriction of creation of charitable trusts. (ADMINISTRATION OF THE RELIGION OF ISLAM (PERAK) ENACTMENT 2004

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

PART VI - FINANCIAL
Wakaf, Nazr and Trusts

Section 80. Restriction of creation of charitable trusts.

(1) Whether or not made by way of will or as a gift made while in the State of marad-al-maut, no wakaf or nazr made after the commencement of this section and involving more than one-third of the property of the person making or nazr shall be valid in respect of the excess beyond such one-third.

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

(a)

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

wakaf khas

nazr

; and

(b)

the

wakaf khas

or nazr 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

kariah masjid

as the maker.

(3) This section shall not operate to render valid any will, gift made while in the state of marad-al-maut, wakaf of nazr which is invali under the provisions of Hukum Syarak.

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