Section 2. Interpretation (WAKAF ENACTMENT (PERAK) 2015

ENACTMENT 9 OF 2015
WAKAF ENACTMENT (PERAK) 2015

PART I - PRELIMINARY

Section 2. Interpretation

(1) In this Enactment, unless the context otherwise requires-

“Baitulmal” means the fund established under section 70 of the Administration Enactment;

“baligh” means the age of puberty in accordance with Hukum Syarak;

“Enactment” means Wakaf (Perak) Enactment 2015;

“Administration Enactment” means the Administration of Religion of Islam (Perak) Enactment 2004 [Enactment No. 4 of 2004];

“usufruct” in relation to a mawquf, means proceeds arising from the mawquf in which its substance is not perpetual;

“property” includes any movable or immovable property and any benefit or usufruct in any right, interest, title, claim, chose in action, whether present or future or which is otherwise of
value in accordance with Hukum Syarak;

“proceeds” means any usufruct or benefit gained from a mawquf in any form which can be valued monetarily in Ringgit Malaysia unless mentioned otherwise;

“hibah” means a grant of property given by a person during his lifetime without any considerations in accordance with Hukum Syarak;

“Hukum Syarak” means Hukum Syarak according to Mazhab Shafie or any one of the Mazhab Hanafi, Maliki or Hambali;

“istibdal” means to substitute a mawquf with another property or with money which is of the same or higher value, by substituting, exchanging or any other manners permissible
according to Hukum Syarak;

“Fatwa Committee” means the committee established under section 35 of the Administration Enactment;

“Wakaf Management Committee” means the Committee established by the Majlis under section 30;

“Wakaf Fund” means the Fund established by the Majlis under section 34;

“Court” means the Syariah Subordinate Courts, Syariah High Court or Syariah Appeal Court, as the case maybe, established under subsection 44(1), (2) or (3) of the Administration Enactment;

“Majlis” means the Majlis Agama Islam dan ‘Adat Melayu Perak established under subsection 4(1) of the Administration Enactment;

“benefit” in relation to a mawquf, means benefit that lies with the mawquf in which its substance is perpetual;

“maradh-al-maut” means a fatal disease that fulfills the following conditions:

(a) the illness must cause the death;

(b) the illness must cause the fear of death in the mind of the deceased; and

“mawquf” means wakaf property consisting of the principal wakaf money whether in cash, assets and the proceeds of istibdal;

“mawquf-alaih” means the person who is entitled to receive any usufruct or benefit or both from the mawquf;

“person” includes a body of persons whether incorporated or unincorporated;

“wakaf shares” means the creation of a wakaf through the offering of shares which are subsequently endowed as wakaf by the purchaser to the Majlis;

“sighah” means a declaration of wakaf made whether verbally, by conduct, in writing or gesture;

“wakaf” means any property from which its usufruct or benefit or both may be enjoyed for any charitable purpose whether as wakaf am or wakaf khas according to Hukum Syarak, but does not include a trust which is defined under the Trustee Act 1949 [Act 208];

“wakaf am” means any wakaf that is created for general charitable purpose according to Hukum Syarak;

“wakaf khas” means a wakaf that is created for specific charitable purpose according to Hukum Syarak; and

“waqif” means the person who creates a wakaf.

(2) All words and expressions used in this Enactment and not defined in this Enactment but defined in Part I of the Interpretation Acts 1948 and 1967 [Act 388], shall have the meanings assigned to them respectively in that Part to the extent that such meanings do not conflict with Hukum Syarak.

(3) For the avoidance of doubt as to the identity or interpretation of the words and expressions used in this Enactment that are listed in the Schedule, reference may be made to the Arabic script for those words and expressions as shown against them in the Schedule.