Endowments and Supervision
The firm gives special attention to waqf (endowment) cases due to their religious and economic significance. We provide our services in drafting and documenting waqf deeds in accordance with Sharia requirements and the regulations issued by the General Authority for Awqaf.
Our team handles the procedures for establishing old and interrupted (Mungati’) endowments before the competent courts and extracting the necessary deeds for them. Additionally, we represent overseers (Nizhar) in accounting lawsuits, the dismissal of overseers, or requests to exchange the endowment asset (Istibdal) for the sake of public interest. We work on building institutional endowment entities that ensure the sustainability of the endowed asset and the growth of its proceeds, while providing precise legal advice to protect endowments from encroachment or extinction.
Why choose us?
The drafting and management of endowments require extreme precision that combines Islamic Sharia jurisprudence with modern legal systems to ensure the continuity of their benefit across generations. We offer an integrated system of advisory and executive services for establishing endowments, drafting their deeds, and structuring overseership boards in a way that protects endowment assets and ensures their sustainability and growth according to the founder’s (Waqif) intentions.
We are distinguished by our ability to find innovative solutions for the governance of family and charitable endowments and aligning them with the regulations and bylaws issued by the General Authority for Endowments. We grant you complete peace of mind that your endowments are managed with the highest standards of transparency and efficiency, ensuring they remain an ongoing charity (Sadaqah Jariyah) and an extended, uninterrupted legacy.
Governance and Asset Sustainability
We draft strict and robust internal regulations for overseership boards, ensuring the separation between management and ownership, and establishing a supervisory system that protects endowment assets from waste or exploitation.
Sharia and Statutory Drafting
We undertake the preparation and drafting of endowment deeds and the conditions of the founders with extreme accuracy, preventing any future ambiguity or misinterpretation, in full compliance with jurisprudential rulings and observed regulations.
Endowment Dispute Resolution
We represent you with high efficiency in endowment cases before courts and judicial authorities, working to resolve any disputes that arise between overseers or beneficiaries through amicable and firm legal methods.
Immunity and Regulatory Compliance
We ensure the compliance of all endowment activities and investments with the bylaws and decisions issued by official authorities, to employ endowment funds with the highest degrees of security and legal leverage.
Endowment Organization and Structuring Mechanism
1
Study of Assets and the Founder’s Conditions
2
Documentation and Issuance of the Endowment Deed
3
Governance and Launch of the Overseership Board
Frequently Asked Questions
What is the difference between the Endowment Deed (Waqfiya) and the Internal Regulations of the Overseership Board?
The Endowment Deed is the primary official document that proves the endowment of the asset (Habs al-Ayn) and defines its expenditures and the founder’s conditions. In contrast, the internal regulations represent the procedural operational plan that governs the work of the overseers, defining their powers, as well as the mechanisms for investment and administrative decision-making.
Can the founder’s conditions be amended or the endowment assets be replaced after documentation?
The general rule is that the founder’s conditions are treated with the same sanctity as Sharia texts and cannot be amended. However, in specific cases defined by law and Sharia (such as evident public interest or the cessation of the endowment’s utility), a formal request with Sharia justifications can be submitted to the competent court to replace the asset (Istibdal) or modify the management mechanism. We specialize in studying and litigating such cases.
How does endowment governance contribute to protecting overseers and avoiding family disputes?
Governance contributes by establishing strict policies that separate management from ownership and define financial transparency, supervision, and accountability mechanisms. This protects overseers from accusations of negligence or exceeding their powers and prevents disputes between beneficiaries and heirs across generations.
