Section 9: Capacity
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.
9. Capacity
(1) Any Muslim who has attained the age of 18 and is of sound mind
may create a waqf.
(2) A husband may, with the concurrence of his wife, create a waqf of
property belonging to the community.
(3) A waqf under this Act shall be invalid where—
(a) a waqf is created or declared in such circumstances that the
rights of creditors are, or may be, defeated or delayed; or
(b) at the time the waqf was created, the waqif was interdicted,
insolvent or bankrupt.
(4) A person claiming that his interests are prejudicially affected by the
creation or declaration of a waqf, or otherwise, may, within 3 years from the
creation of the waqf, apply to the Court for an order declaring the waqf to
be void.