Singapore legislation
Clause 61
Clause 61
Restrictions on creation of Muslim charitable trusts
(1)
Whether or not made by way of will or death-bed gift, no wakaf or nazr made after the coming into operation of this Act and involving more than one-third of the property of the person making the same shall be valid in respect of the excess beyond such one-third.
(2)
Every wakaf khas or nazr made after the coming into operation of this Act shall be null and void unless —
the President of the Majlis shall have expressly sanctioned and validated or ratified the same in writing in accordance with the Muslim law; or
it was made during a serious illness from which the maker subsequently died and was made in writing by an instrument executed by him and witnessed by two adult Muslims one of whom shall be a Kathi or Naib Kathi:Provided that it no Kathi or Naib Kathi is available as hereinbefore described any other adult Muslim who would not have been entitled to any beneficial interests in the maker’s estate had the maker died intestate shall be a competent witness.
(3)
This section shall not operate to render valid any will, death-bed gift, wakaf or nazr which is invalid under the provisions of the Muslim law or of any written law.