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Rajabu s/o Marijani v. Hadiji s/o Saidi, Civ. App. 42-D-66; -/2/67; Saidi J.
Held: (1) Absolute and permanent dedication of wakf property by the wakf is necessary for an effective wakf. (2) A wakf is conditional and fails if it is only to take effect upon the death of the owner, who continues to utilize and exercise control over the property. (3) If one executes a deed of wakf without the intention to divect himself of ownership of the property, but rather to immunize it from claims others might have against him, the deed fails. (4) A wakf is generally to be created by a separate deed rather than by will.
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