Section 5: Provisions as to form
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.
5. Provisions as to form
(1) (a) A declaration of waqf may be made in any appropriate words
which show an intention to make a dedication by way of waqf.
(b) The use of the word waqf is neither essential for the validity of a
declaration of waqf, nor conclusive to show that a dedication by way of
waqf was intended to be made.
(2) (a) (i) Where a declaration of waqf is made whether by a Sunni or
Shia Muslim, a waqfnama shall be drawn up in English or French, and shall
be signed or marked by the declarant in presence of at least 2 Waqf Commissioners, who shall attest it after having satisfied themselves as to the
identity of the declarant.
(ii) Where the declarant is unknown to the Waqf Commissioners, his
identity shall be certified by 2 witnesses known to the Waqf Commissioners.
(b) (i) Subject to paragraph (e), the waqfnama shall be registered
by, and shall remain in the custody of, the Board.
(ii) The waqfnama shall, to all intents and purposes, have the same
force and effect as if it were a notarial deed.
(c) (i) The declaration of waqf may also be evidenced by a deed
drawn up by a notary.
(ii) A certified copy (expédition) of the notarial deed shall, within one
month of the drawing up of the original, be forwarded by the notary to the
Board by which it shall be registered and in whose custody it shall remain.
(d) No fee or stamp duty shall be payable in respect of the registration
by the Board of the waqfnama or copy of the notarial deed (expédition).
(e) All declarations of waqf shall be registered in the Office of the
Registrar-General and transcribed with the Conservator of Mortgages.
(f) Except in the case of declarations under section 7, registration
and transcription under paragraph (e) shall be exempt from duty.
(3) A declaration of waqf not so evidenced, signed and witnessed shall
be null and void.
(4) Notice of the creation of any waqf registered with the Board shall be
published by the Board in the Gazette, containing the name of the waqif and
particulars of the nature of the waqf property.