Section 63
Restrictions on creation of charitable trusts
of Administration of Islamic Law (Federal Territories) Act 1993
Whether or not made by way of will or death-bed gift, no wakaf or nazr made after the commencement of this Act and involving more than one-third of the property of the person making the same shall be valid in respect of the excess beyond such one-third.
42 Laws of Malaysia ACT 505
(2)
Every wakaf khas or nazr made after the commencement of this
Act shall be null and void unless—
(a)
the Yang di-Pertuan Agong, on the advice of the Majlis, has 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 by an instrument executed by him 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, wakaf or nazr which is invalid under the provisions of
Islamic Law.