Endowments and Their Administration
We give special attention to waqf (endowment) cases due to their significant religious, legal, and economic dimensions. Our services include drafting and documenting waqf deeds in accordance with Sharia principles and the regulations issued by the General Authority for Awqaf.
Our team handles procedures for establishing and proving old or discontinued waqf endowments before the competent courts, obtaining the necessary legal instruments and certificates related to them, and representing trustees (Nazirs) in accounting and fiduciary responsibility claims, applications for the removal of a trustee, and requests for the substitution of waqf assets when required in the best interest of the endowment.
We work to establish institutional waqf entities that ensure the sustainability of endowed assets and the continued growth of their revenues, while providing precise legal counsel to safeguard waqf properties from encroachment, mismanagement, or extinction. Our approach is designed to preserve the objectives of the endowment, protect its assets, and maximize its long-term social and economic impact in accordance with applicable laws and regulatory frameworks.
Why Choose Us?
The drafting and administration of endowments (awqaf) require exceptional precision that combines the principles of Islamic Sharia with modern legal frameworks to ensure their benefits continue across generations. We provide a comprehensive range of advisory and implementation services for the establishment of endowments, the drafting of endowment deeds, and the structuring of boards of trustees in a manner that safeguards endowment assets and ensures their sustainability and growth in accordance with the founder’s intentions and objectives.
We are distinguished by our ability to develop innovative solutions for the governance of both family and charitable endowments, while aligning them with the regulations and directives issued by the General Authority for Awqaf. We provide complete peace of mind by ensuring that your endowments are managed according to the highest standards of transparency, accountability, and efficiency, allowing them to remain a lasting charitable contribution and an enduring legacy whose impact continues without interruption.
Governance and Asset Sustainability
We draft robust and well-structured internal regulations for boards of trustees, ensuring a clear separation between management and ownership while establishing a comprehensive governance and oversight framework that protects endowment assets from waste, misuse, or exploitation.
Sharia-Compliant and Legal Drafting
We undertake the preparation and drafting of endowment deeds and founders’ stipulations with the utmost precision, eliminating any possibility of ambiguity or future misinterpretation, while ensuring full compliance with applicable Sharia principles and governing legal regulations.
Endowment Dispute Resolution
We represent you with the highest level of professionalism and expertise in endowment-related cases before courts and judicial authorities. We also work to resolve any disputes that may arise between trustees or beneficiaries through amicable solutions and decisive legal procedures, ensuring the protection of the endowment’s interests and the preservation of its intended purpose.
Legal Protection and Regulatory Compliance
We ensure that all endowment activities and investments are fully aligned with the regulations, directives, and decisions issued by the relevant governmental authorities, enabling endowment funds to be managed and invested with the highest levels of security, regulatory compliance, and legal protection.
Endowment Structuring and Governance Framework
1
Assessment of Assets and Founder’s Conditions
2
Documentation and Issuance of the Endowment Deed
3
Governance and Establishment of the Board of Trustees
Frequently Asked Questions
What is the difference between a waqf deed (endowment deed) and the internal regulations of the Board of Trustees?
The waqf deed is the primary official document that establishes the endowment, confirms the dedication of the asset, and defines its designated beneficiaries and the conditions set by the founder. Internal regulations, on the other hand, are the procedural operational framework that governs the work of the trustees, defining their powers, as well as the mechanisms for making investment and administrative decisions.
Can the conditions set by the founder of a waqf (endowment) be amended, or can waqf assets be replaced after the waqf has been officially registered?
The general principle is that the conditions set by the founder of a waqf are treated as binding like a legal text and may not be altered. However, in specific cases under the law and Sharia—such as clear public interest or the cessation of the waqf’s benefits—it is possible to submit an official application to the competent court, supported by legitimate Sharia justifications, to request the replacement of the asset or the modification of the management mechanism. We undertake the review of such cases and provide legal representation in them.
How does waqf governance contribute to protecting trustees and avoiding family disputes?
By establishing strict policies that separate management from ownership, and that define financial transparency as well as oversight and accountability mechanisms; thereby protecting trustees from allegations of negligence or exceeding their authority, and preventing disputes between beneficiaries and heirs across generations.