Section 2
Interpretation
of Wakaf State Sabah Enactment 2018
(1)
In this Enactment, unless the context otherwise requires:-
I assent,
TUN DATUK SERI PANGLIMA (DR) HAJI JUHAR
“Board” means the Wakaf Management Board (State of Sabah) 2018 established by the
Establishment of Wakaf Management Board (State of Sabah) Order 2018;
“cash wakaf” means any cash contribution, gold value or those similar thereto from any person for any purpose of wakaf;
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“Chief Registrar of Wakaf” and “Registrar of Wakaf” means the Chief Registrar of Wakaf and
Registrar of Wakaf appointed under subsection 8(1);
“Court” means the Syariah Courts established under the Syariah Courts Enactment 2024;
“hibah” means a voluntary akad containing the surrender and transfer of title of any property of a person to another person during his lifetime without consideration or damages where the benefit of his property may be enjoyed in accordance with Hukum Syarak;
“heir” means a person who is entitled to inherit an estate pursuant to Hukum Syarak;
“Hukum Syarak” means Hukum Syarak according to Mazhab Shafie or according to any one of the Mazhab Hanafi, Maliki or Hanbali;
“istibdal” means substituting a mawquf with another property or money having the same value as or higher value than the mawquf, by exchanging, purchasing, selling or any other manner in accordance with Hukum Syarak;
“Majlis” means Majlis Ugama Islam Negeri Sabah established under the Majlis Ugama Islam Negeri
Sabah Enactment 2004 [No. 5 of 2004];
“marad al maut” means a fatal disease which fulfils the following conditions:
(a)
the disease normally resulting in death
(b)
the disease causes the fear of death in the patient’s mind to the extent of affecting the soundness of mind;
(c)
shall possess some external signs showing that the disease is a serious disease; and
(d)
the disease is suffered continuously for a period of not more than one year;
“mawquf” means any property given by way of wakaf;
“mawquf ‘alaih” means a person who is entitled to receive any benefit, interest or profit from a mawquf;
“Minister” means the Minister charged with the responsibility for the administration of Islamic affairs in the
State of Sabah;
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“property” includes –
(a)
movable property, immovable property or intellectual property;
(b)
any benefit, profit or interest in any movable property, immovable property or intellectual property;
(c)
any right, interest, title or otherwise in connection with movable property, immovable property or intellectual property; and
(d)
expertise and services having value in accordance with Hukum
Syarak;
“sighah” means a declaration of wakaf whether orally, in writing or by way of sign;
“State Fatwa Council” means the committee established under section 6 of the Fatwa Enactment 2004 [No. 7 of 2004];
“wakaf” means –
(a)
to surrender the title of any property from which its benefit, profit or interest may be enjoyed;
(b)
to surrender the benefit, profit or interest which may be enjoyed from any property; or
(c)
to contribute the expertise and services from which its benefit or interest may be enjoyed, whether as wakaf am or wakaf khas, pursuant to Hukum Syarak, but does not include a trust defined under the Trustee Act 1949 [Act 208];
“wakaf am” means a wakaf that is created for a general charitable purpose in accordance with
Hukum Syarak;
“Wakaf Fund” means the Wakaf Fund established under section 37;
“wakaf khas” means a wakaf that is created for a specific charitable purpose in accordance with
Hukum Syarak;
“Wakaf shares” means the creation of wakaf through the issuance of shares which are subsequently endowed as a wakaf by the purchaser to the Majlis;
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“wakaf ta’liq” means a wakaf which only comes into effect upon conditions determined by the waqif are fulfilled;
“waqif” means the person who creates a wakaf;
“wasi” means a person to whom the execution of a will is entrusted including a person appointed as a wasi by the Court;
(2)
All words and expressions used in this Enactment and not defined in this Enactment but defined in
Part I of the Interpretation and General Clauses Enactment 1963 [Sabah 34 of 1963] shall have the meanings assigned to them in that Part to the extend that such meanings do not conflict with Hukum
Syarak.
(3)
For the avoidance of doubt as to the identity or interpretation of the words and expressions used in this Enactment that are listed in the Schedule, reference may be made to the Arabic Script for those words and expressions as shown against them therein.