Majlis Ugama Islam Singapura v Saeed Salman: Wakaf, Muslim Law & Charitable Trusts
In Majlis Ugama Islam Singapura v Saeed Salman, the High Court of Singapore addressed whether properties bequeathed by a testator in the 1950s were subject to a wakaf and thus vested in the plaintiff, Majlis Ugama Islam Singapura, under the Administration of Muslim Law Act. The plaintiff sought orders that the properties were vested in it and that the defendants, the trustees of the properties, provide an account of the trust proceeds and deliver records. The court found in favor of the plaintiff, declaring that a wakaf existed and the properties were vested in the plaintiff.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case regarding whether properties bequeathed by a testator were subject to a wakaf and vested in the plaintiff.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Majlis Ugama Islam Singapura | Plaintiff | Statutory Board | Judgment for Plaintiff | Won | Edwin Tong, Aaron Lee, Fay Fong, Jasmine Tham |
| Saeed Salman | Defendant | Individual | Orders in respect of accounting by the Defendants and for the delivery of financial statements and other records | Lost | G Rahman, Chishty Syed Ahmed Jamal |
| Mohammed Salim Mautakif | Defendant | Individual | Orders in respect of accounting by the Defendants and for the delivery of financial statements and other records | Lost | G Rahman, Chishty Syed Ahmed Jamal |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Edwin Tong | Allen & Gledhill LLP |
| Aaron Lee | Allen & Gledhill LLP |
| Fay Fong | Allen & Gledhill LLP |
| Jasmine Tham | Allen & Gledhill LLP |
| G Rahman | KhattarWong LLP |
| Chishty Syed Ahmed Jamal | A C Syed & Partners |
4. Facts
- Haji Mohamed Amin Bin Fazal Ellahi passed away in 1949, leaving a will from 1946.
- The will directed the executors to sell his property and divide the balance into three shares.
- One share was designated for the maintenance and upkeep of the Aminia Muslim Girls’ School in Delhi, India.
- In 1957, a Deed of Partition was entered, dividing the property between the beneficiaries.
- The Delhi school was to receive property and cash under the Deed of Partition.
- The properties included units and vacant land at Lorong 18 Geylang Road, Singapore, and 3 Haji Lane Singapore.
- In 2000, the trustees of the Delhi school instructed their agent to register the properties with the Plaintiff.
- The Plaintiff lodged caveats over the properties in 2001.
- The Defendants, appointed as trustees in 2001, requested the Plaintiff to withdraw the caveats in 2011.
- The Plaintiff was concerned that the properties were used for nefarious or suspect businesses.
5. Formal Citations
- Majlis Ugama Islam Singapura v Saeed Salman and another, Originating Summons No 662 of 2013, [2016] SGHC 04
6. Timeline
| Date | Event |
|---|---|
| Testator made a will | |
| Haji Mohamed Amin Bin Fazal Ellahi passed away | |
| Beneficiaries and executors entered into a Deed of Partition | |
| Trustees of the Delhi school instructed their agent in Singapore to register the Trust Properties with the Plaintiff | |
| Plaintiff lodged caveats over the Trust Properties | |
| Defendants were appointed as trustees of the Delhi school | |
| Defendants requested that the Plaintiff withdraw its caveats over the Trust Properties | |
| Plaintiff commenced the present application | |
| Hearing date | |
| Hearing date | |
| Judgment issued |
7. Legal Issues
- Validity of Wakaf
- Outcome: The court found that the donation in the will created a valid wakaf.
- Category: Substantive
- Sub-Issues:
- Intention to create a wakaf
- Permanence of dedication
- Inalienability of subject matter
- Pious, religious, or charitable purpose
- Vesting of Wakaf Property
- Outcome: The court held that the wakaf property vested in the Plaintiff automatically under s 59 of the Administration of Muslim Law Act, and that the Land Titles Act did not prevent this vesting.
- Category: Substantive
- Sub-Issues:
- Automatic vesting under s 59 of the Administration of Muslim Law Act
- Effect of Land Titles Act on vesting
- Interpretation of Will under Muslim Law
- Outcome: The court interpreted the will according to Muslim law and found that the donation was not an outright gift but a wakaf.
- Category: Substantive
- Sub-Issues:
- Application of Muslim law to construe the will
- Whether the donation was an outright gift or a wakaf
8. Remedies Sought
- Declaration that the Trust Properties are vested in the Plaintiff
- Orders in respect of accounting by the Defendants and for the delivery of financial statements and other records
9. Cause of Actions
- Declaration that the Trust Properties are vested in the Plaintiff
- Accounting by the Defendants and for the delivery of financial statements and other records
10. Practice Areas
- Trust Law
- Religious Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sakina Khanum and another v Laddun Sahiba and others | Bengal High Court | Yes | [1905] 2 CLJ 218 | India | Cited for the proposition that a cash fund may be the valid subject matter of a wakaf. |
| Abdul Rahman bin Mohamed Yunoos and another (trustees of the estate of M Haji Meera Hussain, deceased) v Majlis Ugama Islam Singapura | Court of Appeal | Yes | [1995] 2 SLR(R) 394 | Singapore | Cited for the principle that Section 63 of the Administration of Muslim Law Act applies to construe a testator's will and that Muslim law is part of the law of the land. |
| LS Investments Pte Ltd v Majlis Ugama Islam Singapore | Court of Appeal | Yes | [1998] 3 SLR(R) 369 | Singapore | Cited for the principle that in determining wakaf cases under the Act, Islamic law is not treated as foreign law and that legal title to wakaf properties vests in the Majlis. |
| Piran v Abdool Karim and others | N/A | Yes | (1891) ILR 19 Cal 203 | N/A | Cited for the principle that the intention to create a wakaf can be inferred from the setting aside of specific property in perpetuity for the support or maintenance of a pious object. |
| Fatima Bibee v Ariff Ismailjee Bham and others | N/A | Yes | [1881] 9 CLR 66 | N/A | Cited for the proposition that a wakaf could not be created over shares in a company. |
| Abu Sayid Khan v Bakar Ali and another | N/A | Yes | [1901] IL 23 All 190 | N/A | Cited in support of the view that funds or money could be a valid subject matter of a wakaf. |
| Re Settlement of Shaik Salleh bin Obeid Bin Abdat & Anor | N/A | Yes | [1954] MLJ 8 | N/A | Cited to show that no issue was taken with the establishment of a wakaf for schools or other places of education. |
| Re Haji Meera Hussain’s Will’s Trust | N/A | Yes | [1994] 3 SLR(R) 748 | N/A | Cited as an example of a case involving an Islamic charitable trust. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Administration of Muslim Law Act (Cap 3, 2009 Rev Ed) | Singapore |
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
| Limitation Act (Cap 163, 1996 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Wakaf
- Trust Properties
- Deed of Partition
- Administration of Muslim Law Act
- Charitable Trust
- Donation
- Delhi school
- Executors
- Testator
- Proceeds
15.2 Keywords
- Wakaf
- Muslim Law
- Charitable Trust
- Singapore
- Property Law
- Trust Law
16. Subjects
- Muslim Law
- Trusts
- Real Property
- Charitable Trusts
- Wakaf
17. Areas of Law
- Muslim Law
- Charitable Trusts
- Wakaf Law