In forceAmended2020 Revised Edition

Contents

Administration of Muslim Law Act 1966 · 2020 Revised Edition · Part 4 · Financial Provisions

58. Wakaf or nazar am

Amended

Last amended by an amending law of 2024. 2 amendments in all.

(1)

Where, after 1 July 1968, any Muslim person dies in such circumstances that, under the provisions of the Muslim law, his or her property would vest in, or become payable to, the Baitulmal, the property of that person, pursuant to such provisions, is to vest in and become payable to the Majlis and form part of the General Endowment Fund.

(2)

Despite any provision to the contrary in any written law or in any instrument or declaration creating, governing or affecting the same, the Majlis is to administer all wakaf, whether wakaf ‘am or wakaf khas, all nazar am, and all trusts of every description creating any charitable trust for the support and promotion of the Muslim religion or for the benefit of Muslims in accordance with the Muslim law to the extent of any property affected thereby and situate in Singapore.

(3)

Section 23 of the Civil Law Act 1909 does not apply to Muslims who die intestate.

(3A)

The Majlis may, with the approval of the Minister, by instrument create a wakaf for the purposes specified in the instrument which must fall within one or more of the following purposes:

(a)

supporting the development of Islamic teachers or Quranic teachers recognised by the Majlis, including but not limited to initiatives aimed at developing, strengthening and professionalising these teachers, such as training and upskilling programmes;

(b)

supporting mosques and madrasahs, in particular, in relation to payment for renewals of leases for immovable property;

(c)

supporting socio‑religious programmes and initiatives aimed at uplifting the Muslim community and the under‑privileged;

(d)

any other purpose that may be prescribed in rules made under section 62A(7).

(3B)

The particulars of every wakaf mentioned in subsection (3A) must be published by notification in the Gazette and on the official website of the Majlis.

(4)

The appointment, on or after 1 October 2017, of a trustee of a wakaf or nazar am, under an instrument or declaration creating, governing or affecting the wakaf or nazar am, is void unless the trustee was appointed by or with the prior approval in writing of the Majlis.

(5)

The trustees of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am, and any mutawalli appointed under subsection (6), (7) or (8) for a wakaf or nazar am, must —

(a)

manage the wakaf or nazar am subject to the provisions of this Act;

(b)

comply with the provisions of any rules made under section 145(1) for the purposes of this section and, in the case of the trustees of a wakaf or a mutawalli appointed for a wakaf, any rules made under section 64(12); and

(c)

comply with all the terms and conditions imposed by the Majlis on the trustees concerning the trustees’ appointments, or on the mutawalli concerning the mutawalli’s appointment, as the case may be.

(5A)

Subsection (5) does not apply to any wakaf created by the Majlis during the period where —

(a)

the Majlis is the trustee of the wakaf; and

(b)

no mutawalli has been appointed by the Majlis for the wakaf.

(6)

The Majlis has power to remove, and to appoint a mutawalli in the place of or in addition to, an existing trustee of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am, if it appears to the Majlis that —

(a)

the wakaf or nazar am has been mismanaged;

(b)

the trustee —

(i)

has been convicted, on or after 1 October 2017, of any offence under section 64(11);

(ii)

has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section or, in the case of a trustee of a wakaf, any rules made under section 64(12); or

(iii)

has failed to comply with any term or condition imposed by the Majlis on the trustee concerning the trustee’s appointment; or

(c)

it would be to the advantage of the wakaf or nazar am to appoint a mutawalli.

(7)

The Majlis has power to appoint a mutawalli for a wakaf or nazar am if it appears to the Majlis that there is no trustee appointed for the management of the wakaf or nazar am.

(8)

The Majlis may at any time remove any mutawalli appointed by it and appoint another in the mutawalli’s place.

(9)

Without limiting subsection (8), the Majlis has power to remove any mutawalli appointed by the Majlis for a wakaf or nazar am, if it appears to the Majlis that —

(a)

the wakaf or nazar am has been mismanaged;

(b)

the mutawalli —

(i)

has been convicted, on or after 1 October 2017, of any offence under section 64(11);

(ii)

has failed to comply with any provision of any rules made under section 145(1) for the purposes of this section or, in the case of a mutawalli appointed for a wakaf, any rules made under section 64(12); or

(iii)

has failed to comply with any term or condition imposed by the Majlis on the mutawalli concerning the mutawalli’s appointment; or

(c)

it would be to the advantage of the wakaf or nazar am to appoint another mutawalli.

(10)

A court must not entertain or proceed with any proceedings relating to the appointment or removal of either of the following:

(a)

a trustee of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am;

(b)

a mutawalli appointed by the Majlis.

(11)

Subsections (4), (5), (6) and (10)(a) apply to a trustee of a wakaf or nazar am appointed under an instrument or declaration creating, governing or affecting the wakaf or nazar am, regardless whether the instrument or declaration was made before, on or after 1 October 2017.