A three-member panel, led by syarie judge Mukhyuddin Ibrahim, ruled the case must “begin as soon as possible” at the Shariah High Court.

In his decision, he said the shariah court was the sole authority in determining if the land belongs under wakaf or to the family — not the state fatwa committee. He set Jan 9 for trial.

The appellate court made the ruling following an application by the Penang Islamic Religious Council (MAINPP) to strike out a case brought by three grandchildren of former tycoon Shaik Eusoff Shaik Latiff.

The grandchildren sought the court’s help to declare the land as theirs.

The case involves 6ha of land left by Shaik Eusoff in a will dated Dec 30, 1892.

In his will, the two plots of land in Air Itam were to be surrendered to the Muslim authority as wakaf for 21 years after his death.

After this period, the land was to be returned to the family estate, the will read.

Shaik Eusoff’s grandchildren are seeking for the land to be returned to them since the 21-year period had long expired.

His grandchildren — Syed Idross Syed Hassan Al Mashoor, Sheik Mohd Jelani Sheik Emam and Abdul Shukor PA Mohd Sultan — had previously applied to MAINPP to obtain the land but failed to do so, resulting in the lawsuit.

The plaintiffs were represented by Akberdin Abdul Kader, Rafie Shafie, Yuslinov Ahmed, Reza Rafie and Hafizullah Abdullah.

MAINPP was represented by lead counsel Zainul Rijal, assisted by Najib Rohim and Anuar Ahmad.

Eusoff, who is a Jawi Peranakan with roots in Gujarat, India, is a well-known real estate magnate known to have owned large tracts of land in George Town in the early 19th century.

His descendants are also credited with bringing in boria, Penang’s traditional “parody theatre”.