Section 34
Wakaf by way of will
of Wakaf State Sabah Enactment 2018
(1)
Any person who intends to make wakaf may create a wakaf by way of will and shall commence after his death.
(2)
A wasi who has been appointed shall execute the wakaf by way of will made by the waqif.
(3)
A wasi shall, after the death of a waqif, obtain the agreement from all heirs to execute the wakaf if the waqif named the heir as the recipient of wakaf by way of will.
(4)
A wasi shall, after the death of a waqif, obtain the agreement from all heirs to execute the wakaf if the waqif named the non-heir as the recipient of wakaf by way of will exceeding one-third of the property of waqif.
(5)
A wakaf by way of will shall be executed pursuant to the provisions of this Enactment.