Section 94. Restrictions on creation of charitable trusts (ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT OF THE STATE OF PENANG 1993

ENACTMENT NO. 7 OF 1993
ADMINISTRATION OF ISLAMIC RELIGIOUS AFFAIRS ENACTMENT OF THE STATE OF PENANG 1993

PART IX - FINANCIAL MATTERS

Section 94. Restrictions on creation of 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 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.

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

(a) the Majlis has 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 writin& by an instrument executed by him and witnessed by two Muslims who are baligh, one of them shall be a

Penghulu

Pegawai Masjid

or a

Ketua Kampung

living in the same

Qaryah masjid

as the maker:

Provided that if there is no Penghulu, Pegawai Masjid or Ketua Kampung, a Muslim who is baligh who will not benefit from the estate of the maker if he dies without a will, shall be a competent witness.

(3) This section shall operate to render valid any will, death-bed gift, wakafor nazarwhich is invalid under the provisions of Islamic Law or any written law.