Malaysia legislation
Section 53
Section 53
⎯(1)
Subject to subsections (2) and (3), the capital property and assets affected by any lawful wakaf or nazr am shall not form part of the Baitulmal, but shall be applied in pursuance of such wakaf or nazr am and held as segregated accounts.
(2)
If due to lapse of time or change of circumstances, it is no longer possible beneficially to carry out the exact provisions of any wakaf or nazr am, the Majlis shall prepare or cause to be prepared 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 nazr am, and shall apply such property and assets accordingly.
(3)
Notwithstanding subsection (1), the Majlis may, with the approval in writing of the Yang di-Pertua Negeri, direct that the property and assets referred to in subsection (2) shall be added to and form part of the Baitulmal.
(4)
If the terms of any wakaf or nazr am are such that no method of application of the capital property and assets affected thereby is specified, or it is uncertain in what manner such capital property and assets should be applied, the Majlis may, with the approval in writing of the Yang di-Pertua Negeri, direct that such capital property and assets shall be added to and form part of the
Baitulmal.
(5)
All instruments creating, evidencing or affecting any wakaf or nazr am, together with any documents of title or other securities relating thereto, shall be held and retained by the Majlis.
Construction of instruments on wakaf or nazr