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Abdul Cauder wakaf land issue: Court strikes out OS

Last Update: 01/08/2019

GEORGE TOWN, Aug 1 (Bernama) -- The High Court here today granted an application by Penang Islamic Religious Council (MAINPP) to strike out an originating summons (OS) related to the Abdul Cauder wakaf land (endowment) in Jalan Mengkuang, Butterworth.

The OS was filed against MAINPP and two others, Penang State Mufti Department secretary (second defendant) and Land Title Registrar/District Land administrator (third defendant), by Muhamad Amin Abdul Rahman.

Judicial Commissioner Datuk Amarjeet Singh also ordered the plaintiff to pay costs of RM3,000 to MAINPP and RM1,000 each to the second and third defendants.

In his ruling, the judge said the Civil Court had no jurisdiction to hear the OS as issues involving wakaf land was under the Syariah Court.

In addition, he said the plaintiff did not have locus standi to file the claim.

"The status of the plaintiff as legal heir to the estate of Kavana Ebrahim @ Burong has already been determined and declared by the Syariah Court. There is no dispute about this.

The question that arises in this case is whether the plaintiff has a locus standi or not. Although the plaintiff is the heir, it only involves his kinship to Kavana Ebrahim.

"Pursuant to Enactment 1959 (Administration of Islamic Religious Affairs Enactment of the State of Penang), Enactment 1993 and Enactment 2004, the sole trustee of wakaf land is MAINPP. The administration of  wakaf land is given to MAINPP. 

"The plaintiff or his ancestor no longer has any rights over the land," Amarjeet asserted.

MAINPP was represented by counsel Mohamad Aslam Mohamad Mydin while the second and third defendants, by counsel Ayu Rohaiza Khazali. The plaintiff was represented by counsel Ku Abdul Rahman Ku Ismail.

Muhamad Amin filed the OS on Feb 25, claiming he was the legal heir to the estate of Kavana Ebrahim @ Burong, the owner of the Abdul Cauder Wakaf land and has locus standi to take action against the defendants.

He claimed the Penang State Fatwa Committee’s takeover decision on Dec 8, 2012, based on the proposal prepared by the first defendant, was invalid and should be suspended. 

He also sought a declaration that the estate mentioned in the Deed of Trust dated Aug 17, 1892, must be returned to Kavana Ebrahim @ Burong and his name registered as the trustee.

He further sought a declaration that MAINPP did not have locus standi to take any action against him and residents on the wakaf land as MAINPP was not the registered owner of the estate.

Meanwhile, Ku Abdul Rahman said the plaintiff would file an appeal and make a similar claim at the Syariah Court.

"We will continue to fight. This is not the end, it’s only the beginning," he told reporters.



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