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Sharjah council passes draft on endowment law

Ahmed Shaaban / 16 February 2011

SHARJAH — The Sharjah Consultative Council (SCC), on Tuesday morning unanimously passed a new draft law on endowment in the emirate of Sharjah.

The first of its kind bill in the country, shall be referred for the Sharjah Executive Council, and then to His Highness Dr Shaikh Sultan bin Mohammed Al Qasimi, Supreme Council Member and Ruler of Sharjah for final approval.

Dr Obaid Al Tunaiji, Head of Islamic and Municipal Affairs and Public Departments Committee, SCC, said the 59-article bill streamlines all the issues related to endowment or Awqaf – its nature, types, terms and conditions, validity, endorsement, cancellation, and profit distribution. As per the bill, every legal and Shariah complaint property or money may be endowed. The properties that may be endowed include shares, bonds, securities, trade marks and intellectual property rights, amongst others.

The other articles of the bill — which covers the donor, the property or cash donated and the beneficiary, the contract of endowment must be attested in the only approved body which is the Shariah Court in Sharjah.

The endowment — whether it is charitable, civil, common, temporary, permanent, individual or collective, must be put under the supervision and management of a controller, be he an individual or group. A donor may not endow something mortgaged, illegal or he/she does not own. They beneficiary cannot pass on the endowment he receives to any other beneficiary.

Should a beneficiary get involved in killing, he/she shall be deprived of the endowment. The profits of the endowment may not be revoked or cancelled unless approved by the court concerned. All that is related to endowment giving, changing and registration is exempted from the set fees and taxes.

The session saw the presence of Shaikh Ahmed bin Mohammed Al Qasimi, Director, Executive Affairs Department in the General Secretariat of Awqaf in Sharjah.

ahmedshaaban@khaleejtimes.com

 
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