Malaysia legislation
Section 53
Section 53
(1)
Whether or not made by way of will or death-bed gift, no nazr made after the commencement of this section and involving more than one-third of the property of the person making the nazr shall be valid in respect of the excess beyond such one-third.
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(2)
Every nazr made after the commencement of this section shall be null and void unless –
by any lawful nazr am shall not form part of the Baitulmal, but shall be applied in pursuance of such nazr am and held as segregated funds.
(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 nazr 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 nazr am, and shall apply the property and assets accordingly.
(3)
Notwithstanding subsection (2), 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 nazr am are such that no method of application of the capital property or assets affected thereby is specified, or it is uncertain from such terms in what manner the capital property of assets should be applied, the Majlis may
(a)
the Yang di-Pertua Negeri on the advice of the Majlis, has expressly sanctioned and validated the nazr, or
(b)
the nazr made while the maker was seriously ill and the maker subsequently dies of such illness and was made in writing by an instrument executed by him and witnessed by two adult Muslim living in the same kariah masjid as the maker.
(3)
This section shall not operate to render valid any death-bed gift or nazr which is invalid under the provisions of Hukum Syarak.
(4)
Any nazr which is valid in accordance with the previous Enactment shall remain valid for the purpose of this Enactment.
Income from nazr