Salleh Abas FJ (delivering the judgment of the Court):

This is an appeal and a cross-appeal against the decision of Harun J on the validity of a document purported to be a wakaf declared by the first plaintiff on 13 June 1961. The facts of the case may be stated as follows.

On 18 March 1906, equivalent to the 22nd Muharram 1324, the late Sultan Zainal Abidin of Trengganu granted large areas of land in Kemaman known as Chenderong Concession to his daughter, the late Tengku Nik Maimunah, the first plaintiff, and her husband, Tengku Ngah Omar bin Abdul Rahim, who was then a Minister of State, in equal shares. On the death of her husband, she inherited one-fourth of the husband's share, thus increasing her share to fiveeighths. The late Tengku Nik Maimunah had no children of her own. On 13 June 1961, she executed a document dedicating her total share in the Chenderong Concession into a wakaf in favour of the following beneficiaries:-

(1) her brothers and sisters, nieces and nephews and their children;

(2) four adopted daughters, two of whom are appellants Nos. 2 and 3;

(3) two persons who are not her blood relations, one of whom is appellant No. 1; and

(4) for religious, pious and charitable objects.

In respect of each of the dispositions to beneficiaries (1), (2) and (3), there is an ultimate disposition to the poor and the indigent. Nine years later, on 21 July 1970, the late Tengku Nik Maimunah executed another document purporting to revoke the wakaf and about a month later, on 30 August 1970, she executed yet another document purporting to surrender her five-eighths share of the Chenderong Concession land to a company named as Sharikat Pembinaan Chenderong Sdn. Bhd, the present respondent.

On 26 November 1970, the late Tengku Nik Maimunah commenced a civil action in the High Court, Kuala Trengganu, against Majlis Ugama dan Adat Melayu, Negeri Trengganu (in this judgment referred to as "the Majlis"), and 38 other defendants who are beneficiaries under the wakaf. She asked for a declaration claiming, among other things, that the document she executed on 13 June 1961 did not create a valid wakaf. However, on 1 February 1971, a i fatwaby the Mufti of Trengganu stated that the wakaf so created was valid, and this was duly published in the Trengganu Gazette (GN 28/1971) in accordance with the requirements of s. 21(3) of the Trengganu Administration of Islamic Law Enactment No. 4 of 1955. The next day, i.e. on 2 February 1971, the late Tengku Nik Maimunah withdrew her action against the Majlis, but the suit against the rest of the defendants continued. In the meantime, on 6 April 1971, the late Tengku Nik Maimunah died and the suit would have abated but for the addition of the present respondents as a second plaintiff on 16 May 1971, by an order of the Court; and so proceedings continued. On 22 July 1972, Trengganu State Legislative Assembly passed an Enactment known as the Islamic Wakaf Validating Enactment No. 10/1972, declaring that family wakafs made in accordance with Islamic law are not to be held invalid merely because of certain specified grounds. This Enactment which has retrospective effect came into force on 8 August 1972.

The trial took place on 15 April 1975 before Harun J who gave a judgment in favour of the validity of the wakaf but only to the extent of one-third of wakaf property because of s. 61 of the Administration of Islamic Law Enactment of Trengganu No. 4/1955. Three of the beneficiaries appealed against the decision claiming that the wakaf is wholly valid and that the one-third limitation only applies to a wakaf made by will or during death illness. The respondents, on the other hand, lodged a cross-appeal contending that the wakaf is wholly invalid.

For the purpose of our judgment, we feel it convenient to deal firstly with the question of validity of the wakaf, and secondly, only after this question has been answered in the affirmative, will we consider the effect and scope of s. 61 of the