Section 5D:

5D. Where waqf created abroad is not declared (1) Where any 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, and any party who could under section 5A apply for registration of such waqf fails to do so and is subject to the jurisdiction of the Court, the Board may apply to the Court for an order compelling such party to register the waqf. (2) Where, within a month from the date on which the Court orders a party to register a waqf under subsection (1), the party fails to comply with the order, the Board may apply to the Court for an order vesting in the Board any property in Mauritius which is the subject of the waqf, and on proof of failure to comply with the order of the Court, the Court shall make the vesting order prayed for. (3) Where a vesting order is made under subsection (2), the Board shall, in respect of the property affected by the order, exercise all the powers and perform all the duties of the mutawalli appointed by the waqfnama, and the mutawalli shall resume office only when the vesting order is set aside. (4) (a) A vesting order granted under subsection (2) shall only be set aside by the Court on proof that the registration of the declaration of waqf has been made. (b) The setting aside of the vesting order shall in no way affect anything done by the Board before the order is set aside.