In its response to the question submitted by Representative Hassan Ibrahim Hassan regarding the procedures taken regarding the registration of endowment lands with the Jaafari Endowments Administration, the Ministry of Justice, Islamic Affairs and Endowments affirmed its work, in coordination with the relevant authorities in the Kingdom and the two councils and administrations of the Endowments, to encourage and facilitate the procedures for registering ownership of endowment properties in the various governorates of the Kingdom. “.
The Ministry continued, “It begins with submitting the application from the property owner to extract the legal endowment contract document from the Sharia courts after meeting the necessary legal requirements and Sharia standards, as the applicant must be present at the specified date and the presence of the endowmentor, or all of the endowments, or whoever represents them with an official power of attorney, must attend the Sharia court.” .
The Ministry added, “The required documents, prior approvals, and procedures that must be followed to issue a legal endowment contract vary according to the nature of the money requested to be endowed, the purpose of the endowment, and the entities benefiting from it. If the money requested to be endowed is real estate, it is necessary to review the property ownership document, verify the status of the applicant and the endowments, and the absence of any legal impediments.” From the disposition of the property and the eligibility of those disposing of it.”
She continued, “In addition to the compatibility of the purpose for which the endowment is requested with the nature of the property in terms of its location, area, and various technical and construction requirements established in this regard.”
She added, “Study of submitted requests includes addressing other relevant and competent authorities to verify that there are no legal or regulatory impediments, such as issues related to the legal status of the money to be endowed, or issues related to planning and requirements regulating it, the classification of real estate, the suitability of the intended purpose of the endowment with the condition of the money subject to the endowment, and others.” After receiving the response from other parties, the rest of the procedures will proceed.”
The Ministry added, “If the application meets the conditions and requirements, a date will be set for the applicant or whoever has the capacity to represent him to appear before the judge of the Sharia Courts Procedures in order to issue the Sharia Endowment Document, which is a Sharia document issued by the Sharia Courts by which the allocation of the benefit of the money to be waqfed is proven.”
She continued, “Then the legal endowment document is delivered to the concerned parties so that they in turn complete the rest of the procedures with the authority responsible for issuing real estate documents based on the legal endowment document. The real estate document is delivered to the Endowment Department to register the endowment in its records. Before that, it is not considered an officially registered endowment unless all required conditions are completed.” And the issuance of official documents by registering it.”
The Ministry of Justice, Islamic Affairs and Endowments concluded, “Each board is responsible for managing the registered endowments affiliated to it and employing them in a way that achieves the best investment returns and benefits the endowment and the aspects of entitlement, whether that is through leasing, construction or the like, within the framework of the contractual relationship regulating the mutual obligations between the two contracting parties.” With the legal protection it provides in accordance with the provisions of relevant applicable laws, while ensuring the right to litigation for all.”
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