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Section 34

Wakaf by way of will

of Wakaf State Sabah Enactment 2018

State EnactmentIn forceProvision 39 of 60
Section 34

(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.