WAKAF


 

Wakaf Kassim development is nearing completion.

What is Wakaf?

Wakaf is the dedication of properties by a Muslim through a will or otherwise for purposes recognised by Islamic law as pious, religious or charitable. Once this is done, the ownership is transferred to Allah (God). The dedicator is called the wakif and the person he appoints to manage the properties to ensure that the purposes are carried out is called the mutawalli or trustee. The income derived from these properties is used in accordance to the wakif's wishes for the benefit of the beneficiary. Since 1968, under the Administration of Muslim Law Act (AMLA), these properties must be vested with MUIS. MUIS' role is to manage wakaf properties which have no trustees and to monitor other wakaf properties with trustees to ensure that the wakif's wishes are carried out.

The Case of Wakaf Shaikha Omar Al-Junied

In the past, an unknown number of wakaf properties have been disposed of and the proceeds lost. Recent rulings though have stopped the sale of such properties as in the case of Wakaf Shaikha Omar Al-Junied at 49 Temple Street. The Court of Appeal ruled on 8 Sep 98 that the concept of wakaf is quite different from the English Law of Trust. The trustees or mutawalli of a wakaf unlike those under Common Law Trust have no power to sell even when a court order is obtained sanctioning such a sale. The court cannot confer legal title to the mutawalli when they do not possess it in the first place. The powers of the mutawalli are subject to the AMLA.
More information on wakaf development on pages 8 and 9.


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