Chenderong IV

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Perbicaraan pada 26 Julai 2009.
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T'ganu wakaf land poser may have national ramifications

Two members of the royal house of Terengganu have filed an action against the Terengganu Islamic and the Malay Customory Land council (Maidam) for misusing wakaf land meant to be used for religious purposes.

Tengku Zainul Akmal Tengku Besar Mahmud and Tengku Hidayah Tengku Habib had named Maidam as the chief defendants of their suit which they had filed in November last year.

The two are said to be the descendents of Tengku Nik Maimunah Sultan Zainal Abidin and Tengku Ngah Tengku Abdul Rahim, both husband wife, who lived in the late 1800's and area said to be related to the Sultan at that time, Sultan Zainal Abidin III.

The sultan was said to have given the couple 25, 000 hectares of land as a gift.

The couple, in due course gave the land back to the state to be used solely for religious purposes.

Tengku Zainul Akmal Tengku Besar Mahmud and Tengku Hidayah Tengku Habib, who are said to represent more than 200 decendants, are now claiming that Maidam has reneged on its pledge and is using the land for commercial purposes.

They are disputing the council's action in leasing a portion of the land within the district of Kemaman for logging and agriculture.

In their statement of claim, the two allege they are the beneficiaries of the said land which was given to their ancestors by the sultan in 1903.

The couple did not have any children but the land was divided and given to relatives.

The outcome of this case may have a huge legal bearing on status wakaf land nationwide which is estimated to be in excess of 4,000 hectares.

This makes the wakaf land in Kemaman or the Chenderong concession the biggest wakaf land in the country.

The plaintiffs content that since the late 1960's the land was used for commercial purposes.

Prior to this, the land was not developed. It was leased to Cindee Developments Sdn Bhd for 999 years which utilised the land for commercial purposes.

In 1985, Maidam agreed to reduce its lease period from 999 years to 99 years which will end in 2084.

According to the statement of claim, sometime in December 1986, a company Tis Ata Ashar Sdn Bhd owned by Menteri Besar Incorporated, Maidam and Terengganu Islamic Foundation, signed several agreements that gave Cindee Developments and SPPT Development Sdn Bhd a deed of assignment to a portion of the Chenderong concession.

Wakaf land cannot be transferred.

Tengku Zainul Akmal and Tengku Hidayah claimed as the land was wakaf land, it cannot be transferred, given an ownership or leased out to a third party for a period of more than three years, according to syariah laws and the Terengganu Islamic Affairs Management Enactment 2001.

The plaintiffs are seeking several remedies that:

1. A firm declaration the Chenderong concession land is wakaf land,

2. That Maidam is the rightful and sole trustee of the land and it cannot be transferred, or given ownership or leased out.

3. Maidam is prevented from violating a fatwa (edict) by the Terengganu mufti in 1971 that wakaf land cannot be transferred to a third party and that any sales and purchase agreement giving ownership or lease is null and void as it is against syaraiah law and the 2001 enactment.

4. That any agreement signed between Tis Ata with Cindee Development and SPPT Development is null and void.

Maidam: Plaintiffs no locus standi

Maidam in its statement of defence filed in February this year, meanwhile said the plaintiffs have no locus standi (legal standing) to initiate the action as they are do not represent the 292 other beneficiaries.

It also denied that the council was a party to the agreement signed between Tis Ata in 1986 and that it was never informed of any agreement to transfer the land deed to the two companies (Cindee and SPPT Development).

The council agreed that the status of the Chenderong land concession is wakaf land but it did not agree that the land could not be leased out as a trustee.

It had the right to ensure income from the property to be given back in return for wakaf purposes as it may not posses the expertise.

The Kuala Terengganu Syariah High Court judge Sheikh Ahmad Ismail ordered the parties to come to an amicable solution in accordance to Islamic law.

Sheikh Ahmad, who had since recused himself from hearing the case had also fixed the case for mention on Oct 4 if there is no settlement.