Section 17: Lapse of share of beneficiaries
consolidated text (as at 1992). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
17. Lapse of share of beneficiaries
(1) In the absence of anything showing a contrary intention, the interest
of a beneficiary under a waqf shall lapse on his death and shall accrue to the
benefit of the poor or other ultimate charitable object of the waqf.
(2) Where it is provided, either expressly or impliedly, in a declaration of
waqf, that the descendants of the beneficiaries under a waqf shall succeed
to the respective interests of the beneficiaries, and there is nothing to show
a contrary intention, the descendants shall succeed per stirpes and not per
capita and males and females shall take equal shares.
PART III — NATURE, SUBJECT AND ALTERATION OF WAQF