ENACTMENT NO 5 OF 2005 WAKAF (STATE OF MALACCA) ENACTMENT 2005
PART III - MAWQUF-ALAIH
Section 11. Non-existence of mawqufalaih.
(1) Where, in a wakaf—
(a) no mawquf-alaih had been named by the waqif;
(b) the mawquf-alaih is dead; or
(c) the mawquf-alaih cannot be traced after a period of four years from the commencement of the wakaf,
the wakaf shall become a wakaf am upon notification by the Majlis in the Gazette.
(2) Subject to subsection (3), any mawquf-alaih whose wakaf has been gazetted by the Majlis as a wakaf am under paragraph (1)(c), may apply to the Court for an order that the wakaf be reverted as a wakaf khas.
(3) The mawquf-alaih shall have no right to any usufruct or benefit of the mawquf before an order under subsection (2) is made.