Penang Islamic council sued by ‘heir’ to wakaf land

Evicted Wakaf Abdul Cauder residents at the High Court in George Town, Penang, today.

GEORGE TOWN: A man today sought a High Court declaration declaring that a plot of Muslim endowment land in Butterworth is part of his family estate and that the Penang Islamic Religious Council’s (MAINPP) takeover of the land is illegal.

Muhamad Amin Abdul Rahman, 46, initiated an originating summons against MAINPP and two others over the 2.7-acre plot of land at Jalan Mengkuang, better known as Wakaf Abdul Cauder.

The other defendants are the Penang Mufti Department and Akmahaliza Ab Ghani as the land registrar and district land administrator.

According to the summons, Amin is seeking a declaration that he is the rightful heir to the property as per the will of his grandmother, Kavana Ebrahim @ Burong. The land was originally owned by Kavana’s husband, Abdul Cauder.

Amin cited Kavana’s deed of trust dated Aug 17, 1892, which states that her descendants are to be made trustees of the said land.

He also wants the court to remove “Majlis Ugama Islam dan Seberang Perai” as its registered owners and to nullify any previous decision to take over the land by MAINPP, the Penang Fatwa Council, and the land registrar.

Amin’s lawyer Ku Abdul Rahman Ku Ismail said the High Court registrar fixed April 19 to hear the application by MAINPP to strike out the summons.

“The original owner of this land never gave it up for wakaf purposes, but merely asked his descendants or grandchildren to administer the land as trustees.

“What we are trying to establish is that the land in question was never wakaf land, or was never given up as wakaf land,” he said.

The land entered the limelight earlier this month after reports that MAINPP, as the land administrator, was having a hard time removing the 46 families there to make way for an apartment project.

This was despite allowances given to those evicted to rent another home and a promise that replacement homes of 1,000 sq ft would be given to them once the apartment is complete.

MAINPP plans to build a 470-unit, 22-storey, low-medium cost apartment on the land. - FMT