Picture of Maharaja Lela of Perak, available online?

بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ

In the name of Allah, Most Gracious, Most Merciful.

On February 22nd 2017, an article that was posted on a local blog shook the local social media with the claim that the elderly man seen sitting in the following picture is the famous Maharaja Lela of Perak.¹

The picture is believed to be first uploaded onto Flickr by the National Archives (UK) on August 29th 2012 and the picture is part of the Colonial Office (CO) photographic collection.²

Unfortunately, the researcher has to make it clear that the elderly man seen in the picture is not the famous Maharaja Lela of Perak!

Sri Maharaja Lela of Sayong, NOT Maharaja Lela of Pasir Salak

The famous Maharaja Lela in the history of turbulent Perak was one of eight major chiefs of Perak, he lived and breathed at Pasir Salak, not Sayung (or Sayong).

If the above picture was taken in or circa 1874, then the elderly man seen in the photo is actually Sri Maharaja Lela Alang Jaman or To' Muda Alang Jaman. Sri Maharaja Lela Alang Jaman was the head of the sixteen minor chiefs of Perak and apparently supported Sultan Ismail. Sri Maharaja Lela interestingly was the brother of the famous Che Mida and Sayung (Sayong) was indeed his home for he had a house there that was known to J.W.W. Birch himself.³ The Sri Maharaja Lela of Sayong back then also had two subordinates or assistants that had interesting titles, To' Raja Duamat and To' Raja Biji Dewa.⁴ Another picture that was taken at Blanja in June 1874⁵ interestingly has the same background with the picture shown earlier, thus raising the possibility that it was shot or taken at Blanja too.

Do we actually have a picture of Maharaja Lela of Pasir Salak?

The famous Maharaja Lela in the history of turbulent Perak was Pandak Adam⁶ and he was often described as the brother of Ngah Jabbor (Ngah Jabor)⁷ and nephew of the equally famous Shah Bandar (Collector of Customs)⁸ who we all know by heart had strongly supported Sultan Abdullah. Ngah Jabor on the other hand was the third person (after Pandak Indut and Kulup Ali) to inflict a fatal blow (but not deadly?) to J. W. W. Birch.⁹

The researcher would not be surprised at all if one or more pictures of the famous Maharaja Lela are actually available online but for some unknown reasons, remain unidentified because nobody bothered to identify him in the first place.

If (a big if) Mohamed Jabor bin Bardot (the following photo) was indeed the famous Ngah Jabbor (Ngah Jabor), then his brother, the famous Maharaja Lela in the history of turbulent Perak, would most probably share some of his facial features and likenesses.

Mohd Hashim bin Sam Abdul Latiff tried his best to unravel the identity of the famous Ngah Jabor. Despite his best efforts, Mohd Hashim bin Sam Abdul Latiff who happened to be the grandson of Mohamed Jabor bin Bardot ended his excellent research in a cliffhanger, neither denying nor affirming that his grandfather was the famous Ngah Jabbor (Ngah Jabor).¹⁰

Ngah Jabor, brother of Maharaja Lela, NOT Ngah Jabar (To' Gemok) the Panglima Kinta

Unless proven otherwise, the famous Maharaja Lela in the history of turbulent Perak will always be known as the brother of Ngah Jabbor (Ngah Jabor) and nephew of the Shah Bandar who had strongly supported Sultan Abdullah.

With that being said, the famous Ngah Jabbor was certainly not Panglima Kinta To' Gemok (Gafar or Ngah Jabar). A passage from an old book regarding the history of Hulu Perak made it all clear;

Dalam masa suasana perhubongan Perak-Reman sedang di-liputi mendong di-sebabkan oleh perbuatan orang2 Reman menchuri2 masok ka-Kelian Intan itu maka tiba2 datang-lah orang2 Kedah mena'alokkan negeri Perak dengan surohan Raja Siam dalam tahun 1818, serta memaksa negeri ini menghantar Bunga Emas ka-Siam pada tiap2 tahun. Akan tetapi Perak tiada lama menghantar Bunga Emas ka-Siam kerana Raja Siam ada berjanji, jika Sultan Perak dapat mencharikan baginda sa-ekor gajah yang berkuku dua puloh maka tidak-lah payah lagi Perak menghantar Bunga Emas pada tiap2 tahun. Pada suatu hari Dato Panglima Kinta Ngah Abdul Sam telah mendapat sa-ekor gajah jantan saperti yang di-kehendaki oleh Raja Siam itu lalu di-namakan Chapang Pileh. Gajah itu kemudian di-hantarkan dengan isti-'adat ka-Siam. Maka sa-lepas ini tidak-lah Perak menghantar Bunga Emas lagi.¹¹

Chakri Siam certainly did order Kedah to attack Perak in 1818¹² and the troops of Raja of Quedah (Kedah) successfully invaded Perak in the same year.¹³ Years later, the Burney Treaty that was sealed in 1826 finally gave Perak the assurance that Bangkok (Siam) would stop their attacks.¹⁴

Based from the quoted passage (as shown earlier), Ngah Abdul Sam was already a full-fledged Panglima Kinta or territorial chief of Kinta anywhere between 1818 and 1826. To' Lasam (Ngah Abdul Sam, Ngah Lasam or recently more commonly named as Ngah Lassam) was the 8th Panglima Kinta and he was also Panglima Kinta To' Gemok's successor.¹⁵ A quick look at the timeline is more than enough for anybody to see that Panglima Kinta To' Gemok (Jabar or recently more commonly named as Ngah Jabar) couldn't have been involved in the murder of J. W. W. Birch.

To those unfortunate descendants of Datoh Kulup Lembang bin Mohamed Kassim that have been fooled and misled, you must know all these facts disclosed today by heart for you might need them one day to counter some of the bizarre claims made by certain quarters and even by your own huge extended family. Your parents, forefathers, foremothers and ancestors could have been fooled and misled but that doesn't mean that you should be a fool too. Knowledge is enlightenment, knowledge is also the best defense, not blind loyalty nor blind obedience. The choice is yours.

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1. Tok Changkat Langgor, “Wajah Sebenar Dato’ Maharaja Lela,” Orangperak.com, 2017, http://www.orangperak.com/wajah-sebenar-dato-maharaja-lela.html.

2. The National Archives UK, “CO 1069-484-119,” Flickr, 2012, https://www.flickr.com/photos/nationalarchives/7886260630/in/album-72157631302263418/.

3. J. W. W. Birch (James Wheeler Woodford), The Journals of J. W. W. Birch : First British Resident to Perak, 1874-1875 / Edited and Introduced by P.L. Burns., ed. Peter Laurie Burns (Kuala Lumpur ; London : Oxford University Press, 1976), 14, 14 N. 7, 72, 72 N. 1.

4. R. J. Wilkinson, Papers on Malay Subjects : History. Part I, Events prior to British Ascendancy. Part II, Notes on Perak History (Federated Malay States Government Press, 1908), 85.

5. The National Archives UK, “CO 1069-484-118,” Flickr, 2012, https://www.flickr.com/photos/nationalarchives/7886260798/in/album-72157631302263418/.

6. The Straits Times, “MR HEWICK’S EXPEDITION.,” The Straits Times, January 22, 1876, 1.

7. Straits Times Overland Journal, “THE PERAK TRIAL,” Straits Times Overland Journal, January 25, 1877, 4.

8. Straits Times Overland Journal, “THE FATE OF THE CHIEFS.,” Straits Times Overland Journal, January 11, 1877, 5.

9. Abdullah Zakaria bin Ghazali, “Pembunuhan J.W.W. Birch: Suatu Kajian Tentang Pembunuhannya,” Jebat: Malaysian Journal of History, Politics and Strategic Studies, no. 9 (1979): 59–72, 72.

10. Mohd Hashim bin Sam Abdul Latiff, “The Identity of Ngah Jabor and Mohamed Jabor Bin Bardot (1858-1921),” Journal of the Malaysian Branch, Royal Asiatic Society 53, no. 2 (1980): 16, 16.

11. Raja Razman bin Raja Abdul Hamid, Hulu Perak Dalam Sejarah (Ipoh: Regina Press Ltd, 1963), 11.

12. Ooi Keat Gin, Historical Dictionary of Malaysia (Lanham, Md : Scarecrow Press, 2009), xlviii.

13. J. H. Moor, Notices of the Indian Archipelago and Adjacent Countries: Being a Collection of Papers Relating to Borneo, Celebes, Bali, Java, Sumatra, Nias, the Philippine Islands, Sulus, Siam, Cochin China, Malayan Peninsula, Etc. (London: Cass, 1968), 72.

14. Takashi Shiraishi, Across the Causeway : A Multi-Dimensional Study of Malaysia-Singapore Relations (Singapore: Institute of Southeast Asian Studies, 2009), 38.

15. R. J. Wilkinson, Papers on Malay Subjects: History Part IV, Council Minutes, Perak, 1880-1882 (F.M.S. Govt. Press, 1909), 63-65.

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Bibliography

Ghazali, Abdullah Zakaria bin. “Pembunuhan J.W.W. Birch: Suatu Kajian Tentang Pembunuhannya.” Jebat: Malaysian Journal of History, Politics and Strategic Studies, no. 9 (1979): 59–72.

Gin, Ooi Keat. Historical Dictionary of Malaysia. Lanham, Md : Scarecrow Press, 2009.

Hamid, Raja Razman bin Raja Abdul. Hulu Perak Dalam Sejarah. Ipoh: Regina Press Ltd, 1963.

Journal, Straits Times Overland. “THE FATE OF THE CHIEFS.” Straits Times Overland Journal, January 11, 1877.

———. “THE PERAK TRIAL.” Straits Times Overland Journal, January 25, 1877.

Langgor, Tok Changkat. “Wajah Sebenar Dato’ Maharaja Lela.” Orangperak.com, 2017. http://www.orangperak.com/wajah-sebenar-dato-maharaja-lela.html.

Latiff, Mohd Hashim bin Sam Abdul. “The Identity of Ngah Jabor and Mohamed Jabor Bin Bardot (1858-1921).” Journal of the Malaysian Branch, Royal Asiatic Society 53, no. 2 (1980): 16.

Moor, J. H. Notices of the Indian Archipelago and Adjacent Countries: Being a Collection of Papers Relating to Borneo, Celebes, Bali, Java, Sumatra, Nias, the Philippine Islands, Sulus, Siam, Cochin China, Malayan Peninsula, Etc. London: Cass, 1968.

Shiraishi, Takashi. Across the Causeway : A Multi-Dimensional Study of Malaysia-Singapore Relations. Singapore: Institute of Southeast Asian Studies, 2009.

The Straits Times. “MR HEWICK’S EXPEDITION.” The Straits Times, January 22, 1876.

UK, The National Archives. “CO 1069-484-118.” Flickr, 2012. https://www.flickr.com/photos/nationalarchives/7886260798/in/album-72157631302263418/.

———. “CO 1069-484-119.” Flickr, 2012. https://www.flickr.com/photos/nationalarchives/7886260630/in/album-72157631302263418/.

Wilkinson, R. J. Papers on Malay Subjects : History. Part I, Events prior to British Ascendancy. Part II, Notes on Perak History. Federated Malay States Government Press, 1908.

———. Papers on Malay Subjects: History Part IV, Council Minutes, Perak, 1880-1882. F.M.S. Govt. Press, 1909.

Woodford), J. W. W. Birch (James Wheeler. The Journals of J. W. W. Birch : First British Resident to Perak, 1874-1875 / Edited and Introduced by P.L. Burns. Edited by Peter Laurie Burns. Kuala Lumpur ; London : Oxford University Press, 1976.

A word of thanks to the National Library Board Singapore for making this humble research possible.

جزاك اللهُ خيراً

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Copyright © 2017 SAS, 4th Generation Descendant of Datoh Kulup Lembang.

All rights reserved.

Continue

Kulup Lembang Wakaf: Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94

بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ

In the name of Allah, Most Gracious, Most Merciful.

Ever since January 18th 2016, the researcher has the golden opportunity to scrutinize copies of documents allegedly related to Datoh Kulup Lembang's mysterious waqf. The opportunity came after the researcher approached a distant first cousin twice removed last January. It was from the very same distant first cousin twice removed that the researcher has obtained a poor copy of the alleged Trust Deed of Datoh Kulup Lembang's mysterious waqf. The opportunity should have been granted many years ago and there is no reason whatsoever to keep them from the researcher's knowledge because the researcher is none other than Datoh Kulup Lembang's second great grandson.

The researcher is of course beyond shock! Words could not express his bewilderment at the moment. Why is this kept from his knowledge? Is this another clue indicating that the researcher is an illegitimate bastard that is born out of wedlock and has nothing to do with Datoh Kulup Lembang bin Mohamed Kassim?

For the record, the following documents are the copies that have been thoroughly scrutinized;

1. Grant for land No. 15265 or Lot 87,
2. Grant for land No. 15267 or Lot 89,
3. Grant for land No. 15264 or Lot 86,
4. Grant for land No. 15271 or Lot 93,
5. Grant for land No. 15272 or Lot 94,
6. Grant for land No. 15269 or Lot 91,
7. Grant for land No. 15264 or Lot 85 and
8. Grant for land No. 15266 or Lot 88.

History of Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94

It is claimed that Datoh Kulup Lembang's mysterious waqf or religious endowment comes in the form of 10 undeveloped properties (Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94) that are under the trusteeship of the Council of Religion and Malay Custom Perak.¹

The actual history of Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 and 94 are not only intriguing but quite mysterious too. In July 1921, two months after Arthur Noel Kenion declared the existence of Datoh Kulup Lembang's mysterious waqf, it is believed that all 10 undeveloped properties (Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94) were registered with special conditions, under the name of the former as Trustee at Taiping.

Special Conditions

Once again, due to the poor copies of the documents in hand, the researcher will try his best to reproduce the textual content of the section marked as Special Conditions but the researcher will not guarantee its accuracy;

It is a condition of this grant that there shall be erected on the land hereby granted within five years from the date of the registration of the grant a first class shop house to the satisfaction of the Sanitary Board, Kinta and time is expressly declared to be of the essence of this condition so that if from any cause or circumstance whatsoever such shop house aforesaid be not erected within the period aforesaid on the land hereby granted a breach of this condition shall be thereby constituted not capable of being repaired or made good.

It is highly possible that all 10 undeveloped properties (Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94) were meant to be the means to provide a 'charitable fund' for maintaining the mosque that is mentioned in the alleged Trust Deed of Datoh Kulup Lembang's mysterious waqf.

Titles of Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94 went missing!?

This is where it gets really puzzling.

In 1957, 12 years after the death of Arthur Noel Kenion, records from 'Pejabat Tanah dan Galian Ipoh' reportedly indicated that the titles for Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 and 94 had gone missing! 'Pejabat Tanah dan Galian Ipoh' also dispensed the Grants for the 10 undeveloped properties (Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94) and handed over every single one to a new Trustee, the Council of Religion and Malay Custom Perak, on July 9th 1957.²

Questions regarding Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94

The opportunity to scrutinize copies of documents allegedly related to Datoh Kulup Lembang's mysterious waqf gave the researcher a disturbing glimpse into the past. It does seems as if something had gone horribly wrong in the past, sometime between the 1940s to 1950s. At the end of this short research regarding the then 10 undeveloped properties linked to Datoh Kulup Lembang's mysterious waqf, the researcher couldn't help pondering upon the following questions;

1. Datoh Kulup Lembang was a very successful mining landlord who left behind considerable wealth upon his death in 1915. His equally wealthy children shouldn't have any problem in meeting the requirements mentioned under the heading 'Special Conditions'. Unfortunately, his children had failed. It took his descendants, not his children, years, certainly more than 5 years before they finally fulfilled the requirements. What could possibly have hindered his wealthy children and his descendants from building the required shop houses within the specified time limit in the first place?

2. Datoh Kulup Lembang left behind at least 27 mining properties³ and 55 unknown but common properties⁴ upon his death in 1915. A total of 25 of his common properties were complete, built-up shop houses located right in the heart of the township of Tambun, built by Datoh Kulup Lembang himself.⁵ There is a high probability that the then 10 undeveloped properties (Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94) were originally part of the 55 unknown properties of Datoh Kulup Lembang. It is highly possible that the remaining 20 unknown properties of Datoh Kulup Lembang were also located in and around the township of Tambun, thus raising a rather disturbing question. What had happened to the remaining 20 unknown properties of Datoh Kulup Lembang?

3. The then 10 undeveloped properties (Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94) were handed over to the trusteeship of the Council of Religion and Malay Custom Perak in 1957. It is entirely possible that the Council of Religion and Malay Custom Perak was already well aware about the existence of the mosque mentioned in the alleged Trust Deed of Datoh Kulup Lembang's mysterious waqf as early as 1957.

   'Undang-Undang Pentadbiran Ugama Islam 1965' came to effect in May 1st 1966. Section 109 in a mind-boggling manner, stated that⁶;

   Dengan tiada menghiraukan apa2 sharat yang berlawanan di-dalam surat kuasa yang bertulis Majlis ini sahaja berhak menjadi pemegang amanah semua masjid di-dalam Negeri ini. Tiap2 masjid itu dengan harta-nya yang tiada boleh di-ubah di-tempat Masjid itu terdiri atau harta yang di-punyai-nya dan di-gunakan bagi Masjid itu, yang lain daripada tanah Kerajaan atau tanah yang di-simpan khas bagi faedah umum, hendak-Iah, apabila telah di-daftarkan mengikut Undang2 Tanah dan dengan tiada payah dengan surat tukar milek, beri dan tukar, terserah kapada Majlis mengikut tujuan2 Undang2 ini.

   'Enakmen Pentadbiran Agama Islam (Perak) 2004' on the other hand came to effect in June 1st 2005. Section 85 clearly stated⁷;

   (1) Walau apa pun apa-apa peruntukan yang berlawanan dalam mana-mana surat cara bertulis, Majlis hendaklah menjadi pemegang amanah tunggal bagi semua masjid di dalam Negeri Perak Darul Ridzuan.

   2) Tiap-tiap masjid, bersama dengan tapak masjid itu dan mana-mana tanah yang berhubungan dengan dan digunakan bagi maksud-maksud masjid itu, selain tanah Kerajaan atau tanah yang dirizab bagi maksud awam, hendaklah, sebaik sahaja didaftarkan di bawah undang-undang bertulis yang berhubungan dengan tanah, dan tanpa apa-apa pemindahhakan, penyerahhakan atau pemindahan hakmilik, terletak hak pada Majlis bagi maksud-maksud Enakmen ini.

   If the unnamed mosque mentioned in the alleged Trust Deed of Datoh Kulup Lembang's mysterious waqf refers to the present-day Ihtidaiyah Mosque, then the mosque and the land where it stood for so many years should have complied with Section 109 at least by late 1966 or Section 85 at least by late 2005. Certified copies of certain records personally purchased by the researcher in February 6th 2015 however indicated that the then Lot 4440 but now Lot 510496 (the land where the Ihtidaiyah Mosque is located) is still under the trusteeships of Haji Abdul Wahid bin Kulup Lembang and Haji Abas bin Mohamed Kassim⁸ where both had passed away many, many years ago!

   The researcher couldn't help wondering, what had gone terribly wrong? What could possibly be the hindrances and obstacles?

4. The exact date of completion could not be determined as of time of writing but 'Majlis Agama Islam dan Adat Melayu Perak' reported the following in their 2011 Annual Report,⁹

   Dengan pertumbuhan ekonomi semasa, MAIPk telah mensasarkan beberapa pembangunan berdaya saing berbentuk komersial merangkumi pembangunan harta wakaf dan mal. Antara projek yang dibangunkan ialah pembinaan ruang niaga di Mukim Ulu Kinta, Pekan Tambun, Ipoh. Pembangunan ini terletak pada tanah yang diwakafkan oleh Allahyarham Toh Kulup Lembang. Pembangunan ini mengandungi 10 unit kedai pejabat dua tingkat dan kini telah disewa dengan pelbagai jenis perniagaan seperti kedai komputer, basikal, bunga, dobi, salon, cenderamata dan pejabat takaful dengan sewaan antara RM500 hingga RM1,200 sebulan.

   It is clear that the descendants of Datoh Kulup Lembang have finally fulfilled the requirements mentioned under the heading 'Special Conditions' only quite recently, either in or before 2011, thus raising a rather interesting question. Who holds the trusteeship (hopefully not privately owned!) of the 10 units of double storey shop-houses?

5. The researcher is fortunate but not fortunate enough to see all 10 copies of documents allegedly related to Datoh Kulup Lembang's mysterious waqf but from what he has seen so far, it does seems as if all 10 undeveloped properties (Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94) were registered at Taiping in July 1921, two months after Arthur Noel Kenion declared the existence of Datoh Kulup Lembang's mysterious waqf, as indicated from the content of the alleged Trust Deed. It is entirely possible that the strict instructions mentioned under the heading 'Special Conditions'; i.e. to build shop-houses on the then 10 undeveloped properties (Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94) within 5 years, were the foundation behind the provision of a 'charitable fund' to maintain an unknown mosque at Tambun that was first mentioned in the alleged Trust Teed of Datoh Kulup Lembang's mysterious religious endowment. The researcher however finds it strange that the then 10 undeveloped properties (Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94) are not mentioned specifically in the alleged Trust Deed. Does this ultimately strengthen the suspicion that the alleged Trust Teed of Datoh Kulup Lembang's mysterious religious endowment actually comes with a definitive list or some other pages that somehow in some mysterious ways had gone missing (hopefully not purposely hidden from the researcher's knowledge)?

Now, who could answer all these disturbing questions? Any volunteers?

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1. Tambun Ahli Jawatankuasa Masjid Ihtidaiyah, Rancangan Pembangunan Tanah Wakaf Tok Kulup Lembang Untuk Masjid Ihtidaitah, Tambun (Tambun, 1994), 1-2.

2. Perak Pejabat Tanah dan Galian Ipoh, Dispensation of Grants 15263-15272 for Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94 in the Township of Tambun. (Ipoh, 1957).

3. Kinta Land Office, Memorandum of Transfer & Mining Leases for Registration, 1916.

4. Administrators of the Estate of Kulup Lembang, “Reg: Pk: No. 182 of 1915,” 1915.

5. Kinta Land Office, The 25 Shop Houses at Tambun, 1916.

6. Jabatan Kehakiman Syariah Malaysia, “Undang-Undang Pentadbiran Ugama Islam 1965 (En. 11/65),” PNMB-LawNet, accessed February 5, 2016, http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/State_Enact_Ori.nsf/f831ccddd195843f48256fc600141e84/c51659af9b7b93db482575620014c477?OpenDocument.

7. Jabatan Kehakiman Syariah Malaysia, “Enakmen Pentadbiran Agama Islam (Perak) 2004 (En. 4/04),” PNMB-LawNet, accessed February 5, 2015, http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/State_Enact_Ori.nsf/100ae747c72508e748256faa00188094/542fae263e7f21a94825703f00076744?OpenDocument.

8. Pendaftar Hakmilik, “Pajakan Negeri 369139,” 2013.

9. Majlis Agama Islam & Adat Melayu Perak, Laporan Tahunan MAIPk Tahun 2011, 33.

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Bibliography

Administrators of the Estate of Kulup Lembang. “Reg: Pk: No. 182 of 1915,” 1915.

Ahli Jawatankuasa Masjid Ihtidaiyah, Tambun. Rancangan Pembangunan Tanah Wakaf Tok Kulup Lembang Untuk Masjid Ihtidaitah, Tambun. Tambun, 1994.

Jabatan Kehakiman Syariah Malaysia. “Enakmen Pentadbiran Agama Islam (Perak) 2004 (En. 4/04).” PNMB-LawNet. Accessed February 5, 2015. http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/State_Enact_Ori.nsf/100ae747c72508e748256faa00188094/542fae263e7f21a94825703f00076744?OpenDocument.

———. “Undang-Undang Pentadbiran Ugama Islam 1965 (En. 11/65).” PNMB-LawNet. Accessed February 5, 2016. http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen2011/State_Enact_Ori.nsf/f831ccddd195843f48256fc600141e84/c51659af9b7b93db482575620014c477?OpenDocument.

Kinta Land Office. Memorandum of Transfer & Mining Leases for Registration, 1916.

———. The 25 Shop Houses at Tambun, 1916.

Majlis Agama Islam & Adat Melayu Perak. Laporan Tahunan MAIPk Tahun 2011, 2011.

Pejabat Tanah dan Galian Ipoh, Perak. Dispensation of Grants 15263-15272 for Lots 85, 86, 87, 88, 89, 90, 91, 92, 93 & 94 in the Township of Tambun. Ipoh, 1957.

Pendaftar Hakmilik. “Pajakan Negeri 369139,” 2013.

A word of thanks to the National Archives of Malaysia and Google Maps for making this humble research possible.

جزاك اللهُ خيراً

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Copyright © 2016 SAS, 4th Generation Descendant of Datoh Kulup Lembang.

All rights reserved.

Continue

The alleged Kulup Lembang Wakaf Trust Deed

بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ

In the name of Allah, Most Gracious, Most Merciful.

The researcher has obtained a rather poor copy of what claimed to be the Trust Deed behind Datoh Kulup Lembang's mysterious waqf on January 13th 2016 from a distant first cousin twice removed.

It may sound strange to outsiders but that fateful day was the very first time the researcher had seen the document even though the researcher is none other than Datoh Kulup Lembang's second great grandson!

How could this happened in the first place? Could this be another clue indicating that the researcher is an illegitimate bastard that has nothing to do with Datoh Kulup Lembang?

My oh my!

Due to the poor copy of the allegedly Trust Deed of Datoh Kulup Lembang's mysterious waqf, the researcher will try his best to reproduce its textual content but the researcher will not guarantee its accuracy.

Textual Content of the alleged Kulup Lembang Wakaf Trust Deed

TRUST DEED

1. This Document shall be known as the Kulup Lembang “Wakaf” Trust Deed.

2. The objects of the trust shall be to provide a charitable fund for the purpose of maintaining the mosque at Tambun, Kinta payment of the salary of an official or*¹ part thereof, the purchase of oil and other accessories required for the service of the said mosque expenditure and religions feasts the reading of the Koran or instructions in terrets² of the Mohamedan religion and on other like matter.

3. The first Trustee shall be Arthur Noel Kenion and he may resign the trusteeship in writing.

4. The power of appointing another trustee in his place or to act during his absence in Europe or leave shall be vested in the said Arthur Noel Kenion and failing appointment by him the power of appointing a new trustee shall be vested in the Court.

Dated at Ipoh this **³ day of May 1921.

Declared by

Arthur Noel Kenion

Questions regarding the alleged Kulup Lembang Wakaf Trust Deed

It is interesting to see from the alleged Kulup Lembang Wakaf Trust Deed that the first Trustee of the former mentioned waqf was none other than Arthur Noel Kenion, the guardian of the minor children of Datoh Kulup Lembang upon his death in 1915. The researcher finds it strange that it took Arthur Noel Kenion nearly 6 years to declare the existence of Datoh Kulup Lembang's waqf, thus raising the following interesting questions;

1. The researcher believes that Datoh Kulup Lembang died without leaving a proper will and the absence of an appointed Executor to execute his dying wish with regards to the vast estate that he had left behind upon his death in 1915 is the obvious clue. With that being said, there is a high probability that Datoh Kulup Lembang did not leave any specific instructions regarding his religious endowment. Arthur Noel Kenion on the other hand could not have acted all alone for such declaration could only have been made with the consent of Datoh Kulup Lembang's immediate family members. Other than Arthur Noel Kenion, who was or who were behind the declaration?
2. Arthur Noel Kenion died in Singapore on September 29th 1945.⁴ If Arthur Noel Kenion was still the appointed Trustee of Datoh Kulup Lembang's mysterious waqf right before his unfortunate death in 1945, who was or perhaps to be more accurate, who were his subsequent replacements?
3. The content of the alleged Trust Deed of Datoh Kulup Lembang's mysterious waqf is surprisingly unclear. The exact details regarding the 'mosque at Tambun' and the 'charitable fund' are clearly missing, thus raising the possibility that the alleged Trust Deed of Datoh Kulup Lembang's mysterious waqf might have come with a definitive list containing all of the properties that had been defined as part of Datoh Kulup Lembang's religious endowment. In the end, it boils down to the following disturbing question. What happened to the definitive list or perhaps to be more accurate, what happened to the missing pages?

It has to be mentioned here that Haji Abas bin Mohamed Kassim and Haji Abdul Wahid bin Kulup Lembang were named as Trustees of the then Lot 4440 but now Lot 510496 in April 4th 1916.⁵ Whether or not both were behind the declaration in 1921 remains to be seen at the moment but there is a high likelihood that they were.

The Council of Religion and Malay Custom Enactment No. 1/1949. The blunt truth?

In 1949, the Federated Malay States introduced a new enactment to facilitate the creation of The Council of Religion and Malay Custom for each respective state which included Perak. The enactment is known today as The Council of Religion and Malay Custom Enactment No. 1/1949.⁶

In Perlis for an example, Section 11 of the former said enactment clearly stated⁷;

All and every Wakaf, either special or general, made in the State before, on and after the commencement of this Enactment shall be vested in the Council.

It is entirely possible that the implementation of the former said enactment had reduced the allegedly Trust Deed of Datoh Kulup Lembang's mysterious waqf from a legally binding document into an obsolete, legacy piece of paper. In a best-case scenario, the allegedly Trust Deed of Datoh Kulup Lembang's mysterious waqf should have been replaced with a new document vesting The Council of Religion and Malay Custom with significant control over Datoh Kulup Lembang's mysterious religious endowment. Whether or not such steps had been taken after the implementation of the former said enactment remains to be seen at the moment.

Let's not forget that Arthur Noel Kenion had passed away in 1945. If he was still named as Trustee of Datoh Kulup Lembang's mysterious waqf right before his death, then there is no way whatsoever that he could make himself available in matters involving thousands of Ringgit after 1945. Even a dumb 10-year old kid can see that! If some other third parties successfully used this seemingly obsolete, legacy piece of paper (allegedly the Trust Deed of Datoh Kulup Lembang's mysterious waqf) to facilitate matters involving thousands of Ringgit, then those third parties sure have one Hell of convincing and negotiation skills. In the time when cash is king and generous Arabs ever ready to donate billions, such skills are indeed necessary.

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1. Unreadable on source.

2. What the Hell is this?

3. Unreadable on source.

4. James Devadason, A History of MAXWELL, KENION, COWDY & JONES, 1996, 7.

5. Government of Perak, “Certified Copy of Certificate of Title No. 3791,” 1915.

6. Zaini Nasohah, Pentadbiran Undang-Undang Islam Di Malaysia: Sebelum Dan Menjelang Merdeka (Kuala Lumpur: Utusan Publications & Distributors Sdn Bhd, 2004), 66.

7. Jabatan Kehakiman Syariah Malaysia, “Section 11. Wakaf,” Jabatan Kehakiman Syariah Malaysia, 1949, http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen/Eng_enactment_Ori_lib.nsf/100ae747c72508e748256faa00188094/2a5f8408dac0dced48257258002e0ce7?OpenDocument.

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Bibliography

Devadason, James. A History of MAXWELL, KENION, COWDY & JONES, 1996.

Government of Perak. “Certified Copy of Certificate of Title No. 3791,” 1915.

Jabatan Kehakiman Syariah Malaysia. “Section 11. Wakaf.” Jabatan Kehakiman Syariah Malaysia, 1949. http://www2.esyariah.gov.my/esyariah/mal/portalv1/enakmen/Eng_enactment_Ori_lib.nsf/100ae747c72508e748256faa00188094/2a5f8408dac0dced48257258002e0ce7?OpenDocument.

Nasohah, Zaini. Pentadbiran Undang-Undang Islam Di Malaysia: Sebelum Dan Menjelang Merdeka. Kuala Lumpur: Utusan Publications & Distributors Sdn Bhd, 2004.

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