Section 2. Interpretation. (WAKAF (STATE OF MALACCA) ENACTMENT 2005

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

PART I - PRELIMINARY

Section 2. Interpretation.

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

“amwalul-badal” means consolidated fund or wakaf trust fund obtained by sales, leases, mawquf tenancies or by any other sources allowed by Hukum Syarak;

“Baitulmal” means consolidated fund established under section 69 of the Administration Enactment;

“Enactment” means Wakaf (State of Malacca) Enactment 2005;

“Administration Enactment” means the Administration of Religion of Islam (State of Malacca) Enactment 2002 [Enactment No. 7 of 2002];

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

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

“istibdal” means to substitute a wakaf property with another property or with money which is of the same or higher value than it either by substituting, purchasing, selling or any other means in accordance with Hukum Syarak;

“Fatwa Committee” means a committee established under subsection 34(1) of the Administration Enactment;

“Wakaf Management Committee” means a committee established by section 26 of the Administration Enactment;

“Wakaf Fund” means a Fund which consist of all moneys and wakaf properties or any proceeds obtained from the mawquf or by way of istibdal;

“Court” means the Syariah High Court established under subsection 43(2) of the Administration Enactment;

“Majlis” means Majlis Agama Islam Melaka established under subsection 4(1) of the Administration Enactment;

“marad-al-maut” means death-illness in respect of which the following conditions are satisfied—

(a) the illness must cause the death of the decease;

(b) the illness must cause apprehension of death in the mind of the decease; and

“mawquf” means the wakaf property;

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

“person” includes a body of person, corporate or unincorporate;

“Chairman” means the Chairman of the Wakaf Management Committee appointed under paragraph 22(1)(a) of the Enactment;

“rasyid” means a person who is not an idiot, not senile or not declared as a bankrupt under any written law;

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

“sighah” means a declaration of wakaf made either by oral or in writing together with a declaration or by gesture;

“general sources” includes—

(a) properties which are not fully distributed by Hukum Faraid;

(b) properties without beneficiaries;

“wakaf” means the dedication of any property from which its usufruct or benefit may be used 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 Trustee Act 1949 [Act 208];

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

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

“wakaf of shares” means shares of company or enterprise or existing shares dedicated for wakaf;

“waqif” means the person who created the wakaf.

(2) All words and expressions used in this Enactment and not herein defined but defined in the Interpretation Acts 1948 and 1967 [Act 388], shall have the meaning thereby assigned to them respectively 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 First Schedule, reference may be made to the Arabic Script for those words and expressions as shown against them therein.