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;
- 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?
- 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?
- 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.
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.
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.
