November 21, 2019 10:30 PM
Islamic law academic Aznan Hasan said the sheer fact that Shaik Eusoff’s heirs had not consented to turn their ancestral land into wakaf, or Muslim endowment, land was reason enough as it was considered against the Shafi’i school of law, which Malaysia practises. “Hence, the Majlis has no right or status to hold on to the property and ought to return all the properties to the donor’s heirs who are alive and the rightful trustees,” he told the Shariah High Court today.
He said the late tycoon’s will, to have his Air Itam land be made wakaf for only 21 years, was not compatible with the Shafi’i school of Islam, where wakaf is given in perpetuity, and not for a limited term.Earlier in the trial, the prosecution went at lengths to establish that he was a credible authority and expert to comment on matters related to Islamic laws of succession.
The plaintiffs were represented by lawyers Akberdin Abdul Kader, Yuslinov Ahmad, Rafie Mohd Shafie, Redza Rafie, Ardy Suffian Akberdin and Hafizullah Abdullah.
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