s 60 Restriction on creation of Muslim charitable trust
60.—(1) Whether or not made by way of will or death-bed gift, no wakaf or nazar made after 1 July 1968 and involving more than one‑third of the property of the person making the same is valid in respect of the excess beyond such one‑third. (2) Every wakaf khas or nazar made after 1 July 1968 is void unless —(a) the President has expressly sanctioned and validated or ratified the same in writing in accordance with the Muslim law; or (b) it was made during a serious illness from which the maker subsequently died and was made in writing by an instrument executed by the maker and witnessed by 2 adult Muslims one of whom must be a Kadi or Naib Kadi. (3) If no Kadi or Naib Kadi is available as described in subsection (2)(b), any other adult Muslim who would not have been entitled to any beneficial interests in the maker’s estate had the maker died intestate may be a competent witness. (4) This section does not operate to render valid any will, death-bed gift, wakaf or nazar which is invalid under the provisions of the Muslim law or of any written law. (5) This section does not apply to a wakaf created by the Majlis.[Act 4 of 2024 wef 01/08/2024]