Section 78. Restriction on wkaf and nazar. (ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1992

ENACTMENT NO. 2 OF 1992
ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1992

PART VII - BAITULMAL

Section 78. Restriction on wkaf and nazar.

(1) No wakaf and 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) Duli Yang Maha Mulia Sultan on advice of the Majlis sanctions and validates the same; or

(b) it was made during a serious illness from which the maker subsequently died (maradhulmaut) and was made in writing by an instrument exceuted by him and witnesses by two Muslims competent to be witnesses and thereafter confirmed by the Court.

(3) This section shall not operate to render valid and wakaf or nazar which is invalid according to Hukum Syara'.