Provisions of taking over the endowment

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Judge Ahmed Abdulamir Majeed Judah Al-Karawi

Abstract

The issue of the trustee of an endowment is considered one of the important topics as it is a legal system created by Islamic jurisprudence to preserve the continuity and development of endowments. The trustee is the one who undertakes the legal actions and material actions on behalf of the endowment in preserving it, taking care of it, exploiting it, developing it, and disbursing its revenues in accordance with the terms of the donor and the legal and legal provisions, by being a legal representative of the endowment. The endowment as a legal entity, and the law is what determines how to appoint a representative for the legal person and clarifies his authority and its limits. Thus, it gave the donor the right to set the conditions for appointing the trustee in his endowment and determine his authority, as the donor’s condition for taking over was considered the rule of law, because the donor’s condition is like the text of the law, and the authority The person in charge of the endowment is in accordance with the condition of the donor and the Sharia and legal provisions. He is a trustee of the endowment’s funds, and he has the right to assume responsibility for the endowment. It may be proven that the donor, the person to whom it is granted, the judge, or the person to whom it is stipulated is in charge of the endowment.

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How to Cite
Al-Karawi, A. (2024). Provisions of taking over the endowment. Arab Researcher, 5(1), 102–123. https://doi.org/10.57072/ar.v5i1.117
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