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Official Wakaf DBAK sealRumah BatuWaris DBAK · Kuching, Sarawak

Our Story

The story of a Datu Bandar, a stone house, a will, and the eight family lines who inherited his amanah.

Datu Bandar Abang Haji Muhammad Kassim

DBAK was born in 1841, son of Datu Bandar Abang Haji Bolhassan bin Datu Patinggi Abang Ali and Dayang Aisah binti Abang Wahid. He inherited not only the title of Datu Bandar but a responsibility to the Malay community of Kuching in his time.

With his wife, Dayang Sahadah binti Datu Patinggi Abang Haji Ghapor (born 1845), he raised thirteen children at Rumah Batu. On 18 July 1921, while performing the Hajj, DBAK passed away in Mecca at the age of 80. Dayang Sahadah followed two days later, on 20 July 1921. Both were laid to rest in the Holy Land.

Family account

The will of 1921

On 22 Rejab 1339 — 31 March 1921 — DBAK wrote his will. In plain, wise language he provided that his estate would pass to his children in equal shares between sons and daughters, and that the shares of children who had died without issue were to "be made wakaf upon the house or the gardens, and whatever else is fitting to be endowed."

"The shares shall be equal, sons with daughters… and for any who have died leaving no child, their share shall be made wakaf upon the house or the gardens, and whatever else is fitting to be endowed. This, and only this."

From the will of DBAK, 31 March 1921 (English rendering; full text on the Resources page)

Family document

Thirteen children, eight lines

From the 1921 will, the 1946 court records and the 1921 Sarawak Gazette, DBAK had thirteen children; five died within his lifetime. The eight who remained are the origin of "Waris 8" — eight lines of descent that today number thousands of heirs.

Remembered alongside them: the five siblings who went before DBAK — Dayang Malihah / Lihot · Abang Zaini · Abang Mohd Yaman · Abang Mohamad · Abang Sulhi.

Court record

The meaning of wakaf

Wakaf is a trust: property held back from sale so that its benefit endures for a stated purpose. For Rumah Batu, the declaration of the eight siblings in November 1922 made it a family wakaf, held for the benefit of all the heirs, the property of no single person.

That principle has been tested and confirmed: by the Resident Court (22 July 1946), the Supreme Court (2 September 1946), and again by the Syariah Court in 2016. Rumah Batu cannot be sold or disposed of; the duty of caring for it rests with all the heirs together. The full legal history is set out without over-simplification on the Resources page.

Historical timeline

  1. 1841

    DBAK is born

    Datu Bandar Abang Haji Muhammad Kassim is born, son of Datu Bandar Abang Haji Bolhassan bin Datu Patinggi Abang Ali and Dayang Aisah binti Abang Wahid.

    Family account

  2. 1863

    Rumah Batu is built

    By family account, Rumah Batu was raised when DBAK was 22, likely a joint effort with his father. Some historical commentary places concrete construction in Sarawak closer to the 1890s; both possibilities are recorded honestly while primary evidence is reviewed.

    Family account

  3. 1921

    The will of DBAK31 March 1921

    DBAK seals his will, written on 22 Rejab 1339. On 18 July 1921 he passes away in Mecca while performing the Hajj, aged 80; his wife Dayang Sahadah follows two days later. Both are laid to rest in Mecca.

    Family document

  4. 1922

    Declaration of the eightNovember 1922

    The eight surviving children of DBAK agree by declaration to hold Rumah Batu as wakaf for the benefit of all heirs. (Exact date under document review: records cite both 10 and 22 November.)

    Family document

  5. 1946

    The courts confirm the wakaf

    Decisions of the Resident Court (22 July) and Supreme Court (2 September) hold that Rumah Batu is wakaf property left by DBAK for the benefit of his heirs.

    Court record

  6. 2016

    Syariah Court upholds the status

    The Syariah Court upholds Rumah Batu as family wakaf property, guided by the 1946 Supreme Court decision.

    Court record