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

PART VII - BAITULMAL



Section 79. Capital of wakaf and nazar am.

(1) Subject to the provisions of subsection (2) and (3) the capital property and asseted by any lawful wakaf or nazar am shall be applied in pursuance of such wakaf or nazar am.

(2) If from lapse of time or charge of circumstances it is no longer possible beneficially to carry out the exact provisions of any wakaf or nazar am, the Majlis shall prepare a scheme for the application of the property and assets affected thereby in a manner as closely as may be analogous to that required by the terms of such wakaf or nazar am, and shall apply the same accordingly:

Provided that the Majlis may, with the approval in writing of Duli Yang Maha Mulia Sultan, direct that such property and assets shall be paid into and form part of the Baitulmal Sumber Am account.

(3) If the terms of any nazar am are such that the application of the capital property and assets affected thereby is not stated or the manner of such application is not specified, the Majlis may direct that such capital property and assets shall be paid into and form part of the Baitulmal Sumber Am account.

(4) All instruments creating, evidencing or affecting any wakaf or nazar am, together with any document of title or other securities relating thereto, shall be held and retained by the Majlis.




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