Section 25
Istibdal mawquf
of Wakaf State Sabah Enactment 2018
Subject to the decision of the State Fatwa Council, the Majlis may istibdal any mawquf in the following circumstances:
(a)
if any of the conditions of wakaf is inconsistent with any written law;
(b)
if the mawquf is taken by any authority in accordance with any written law;
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(c)
if the usage of mawquf fails to provide benefit, profit or interest as required by the waqif;
(d)
if the usage of mawquf fails to fulfil the purpose of wakaf;
(e)
if any condition prescribed by the waqif cannot be executed by reason of lapse of time or changes in circumstances;
(f)
if the Majlis wants to istibdal a mosque or site of a mosque which is a mawquf;
(g)
if any of the conditions prescribed by the waqif cannot be executed and the Majlis intends to execute the wakaf in the manner as close as possible with the conditions prescribed by the waqif; or
(h)
in other circumstances as the Majlis deems necessary.
(2)
The value of mawquf acquired by way of istibdal shall not be less than the current value of the original mawquf.
(3)
The Majlis shall istibdal any mawquf whether wholly or partly within a reasonable period accordingly.
(4)
If involves immovable property evidenced by document of title issued under Land Ordinance [Sabah
Cap.68] or any other law for the time being in force, the Registrar, after receiving a written application from the Majlis on the existence of wakaf for istibdal, shall endorse the word ‘wakaf’ in the document of title in which title are subjected thereto.