Institusi wakaf di Singapura

1. Institusi wakaf di Singapura • COURT CASES • Eight cases Muis attended to since 1995 • The 1st landmark case was the case of Trustees against Muis. • Case • Trustees wanted to sell half share of the property to rebuild mosque in India

2. Institusi wakaf di Singapura • Wakaf deeds dated 1918 • Was made in India • Three properties in Singapore was for upkeep of mosque in India • At the time of the court case only half of the property had remained

3. Institusi wakaf di Singapura • Judgment by High Court Judge • Income from the property constitute wakaf and therefore should be vested in Muis (AMLA) • Trustees appeal against the judgement saying that the property is under the Charities Act.

4. Institusi wakaf di Singapura • And approval was given by the Commissioner of Charities for the intended sale. • Furthermore AMLA only apply for Muslim persons passed away after 1968 • The wakif passed away in 1918 • So the Act did not apply to him

5. Institusi wakaf di Singapura • Judgement of the Court of Appeal • The property constitute wakaf and should be vested in Muis • Thus the trustees failed to sell the property • Muis manage the property since then

6. Institusi wakaf di Singapura • 2nd case • Wakaf property was sold for S$800,000 in 1993 by trustees after obtaining approval from the Court. • Sale completed in November 1993 • Indenture registered in December 1993

7. Institusi wakaf di Singapura • In 1992 Muis received information that the property was a wakaf property • Muis requested copy of will from the trustees • The trustees take no action of Muis request. • In 1995 Muis was informed of the sale

8. Institusi wakaf di Singapura • Muis lodged a caveat claiming ownership in December 1995 • The defendant (buyer) learnt about the caveat and applied the caveat to be expunged. • The case was then heard in the High Court and the Court of Appeal.

9. Institusi wakaf di Singapura • High Court Judgement Dismiss the defendant plaintiff claim after considering the following issues i) legal status of the property ii) Since the sale was approved by the Court, Muis can still claim the proceeds of the sale.

10. Institusi wakaf di Singapura • Decision of the Court of Appeal • The Judge said that Muslim Law is regarded as Local Law, therefore the Cannot confer legal title to the mutawalli where they do not possess it in the first place and the power of mutawalli are subjected to AMLA

11. Institusi wakaf di Singapura • JUDGE STATEMENT IN THE COURT OF APPEAL • Concept of wakaf is quite different from that of English Law of Trust: 1) motive is always religious 2) perpetuity 3) In trust, the settler can lawfully take an interest but not in wakaf (except Hanafi)

12. Institusi wakaf di Singapura 4) any property endowed in perpetuity is subject to wakaf 5) trustee differ from mutawalli, mutawalli is only a manager and property is not vested in him Thus wakaf is a religious or pious endowment, and although it often provides for charities, it should not be confused with a charitable trust as understood in English Law.