Section 5A: Creation of waqf

5A. Creation of waqf (1) Where property in Mauritius is the subject of a waqf created by a Sunni Muslim or a Shia Muslim, not subject to the jurisdiction of the Court, in virtue of a waqfnama drawn up abroad, the Board may, on the application of— (a) the waqif; [Issue 1] W2 – 4 Revised Laws of Mauritius (b) the mutawalli or any of the mutawallis appointed for the management or administration of the waqf; (c) the agent of the waqif or mutawalli or of one of the mutawallis; or (d) any person having the management, administration, control or possession of the subject of the waqf, register a declaration of the waqf, in accordance with subsection (2). (2) For the purpose of subsection (1), a declaration of waqf shall be registered on production— (a) where the waqfnama— (i) is drawn up in English or French, of a copy of the waqfnama duly certified by the waqif or his agent or by the mutawalli or his agent or by one of the mutawallis or his agent, as the case may be; (ii) is not drawn up either in English or in French, of a duly certified translation into English by one of the interpreters of the Court, of the document or of a certified copy of it; (b) of a written declaration setting out the particulars of the waqf drawn up in English and signed or marked by the waqif or his agent, or by the mutawalli or his agent, or by one of the mutawallis or his agent, appointed under the waqfnama, in presence of at least 2 Waqf Commissioners who shall attest it after having satisfied themselves as to the identity of the declarant, or, where the declarant is unknown to the Waqf Commissioners, his identity shall be certified by 2 witnesses known to the Waqf Commissioners. (3) The copy or translation of the waqfnama mentioned in subsection (2) shall be certified by an officer of the Court having jurisdiction in the country where the waqf was created as being a true copy of the original.