Enactment No 3 Of 1991 ADMINISTRATION OF ISLAMIC LAW ENACTMENT 1991
PART V - FINANCE
Section 73. Restrictions on creation of charitable trust.
(1) Whether or not made by way of a will or a death bed gift (maradhul maut), no wakaf or nazar made after the commencement of this Enactment and involving more than one-third of the properties of the person making the same shall be valid in respect of the excess.
(2) Every wakaf khas or nazar made after the commencement of this Enactment shall be null and void unless-
(a) His Royal Highness the Sultan on the advice of the Majlis shall have expressly sanctioned and validated the same; or
(b) it was made during a serious illness from which the maker subsequently died and was made in writing according to the instrument so executed and witnessed by two adult Muslims living in the same kariah masjid as the maker.
(3) This section shall not operate to render valid any will, death-bed gift (maradhul maut), wakaf or nazar which is invalid under the provisions of Hukum Syarak.