Section 38. Usufruct or benefit from wakaf am or khas. (WAKAF (STATE OF MALACCA) ENACTMENT 2005

ENACTMENT NO 5 OF 2005
WAKAF (STATE OF MALACCA) ENACTMENT 2005

PART VIII - POWERS OF MAJLIS

Section 38. Usufruct or benefit from wakaf am or khas.

(1) All usufruct or benefit of a wakaf khas, shall be utilized in accordance to the terms as determined by the waqif except for those terms which are inconsistent with Hukum Syarak.

(2) Usufruct or benefit from wakaf am shall be paid to and be part of the Wakaf Fund.

(3) Where from lapse of time or change of circumstances, it is no longer possible beneficially to carry out the exact condition of any wakaf as required by waqif, the Majlis shall prepare a scheme for the application of the usufruct or benefit affected thereby in a manner as closely as may be analogous to that required by the waqif, and shall apply the same accordingly:

Provided that the Majlis may direct that such usufruct or benefit shall be added to and form part of the Wakaf Fund.

(4) Where the terms of any wakaf is such that no method of application of the property, usufruct or benefit is specified, or it is uncertain in what manner should be applied, the Majlis may direct that such property, usufruct or benefit shall be added to, and form part of the Wakaf Fund.