New laws regulating awqaf and endowments in Dubai

VP and PM of the UAE and Ruler of Dubai HH Sheikh Mohammed bin Rashid Al Maktoum has issued Law No (14) of 2017 regulating awqaf and endowments in Dubai, UAE. HH also issued Law No. (17) of 2017 on the Mohammed Bin Rashid Global Centre for Endowment Consultancy (MBRGCEC).

HH said that endowment establishments are key partner of governments in community development and play a historic role in development in the Arab world and globally. He also said that the UAE and Dubai aims to provide the best legislations in this domain.

Law No. (14) of 2017 aims to support the UAE vision regarding charity and humanitarian efforts, establishing a comprehensive and modern legal framework that addresses the needs of the community. The Law institutionalises the management, operations and protection of endowments and outlines the framework for providing a conducive environment for charitable activities and community contributions in the fields of education, healthcare, culture, arts, environment, sports and social unity.

The law specifies the responsibilities and obligations of concerned entities, and prescribes the regulations and procedures that govern the management and development of awqaf and endowments. It also defines and regulates the MBRGCEC’s Dubai Endowment Sign which is awarded to government and private entities that contribute substantially to the community.

The law further authorises Dubai’s Awqaf and Minors Affairs Foundation to issue licenses for waqf establishment in collaboration with the MBRGCEC. The two entities outline the regulations that govern the waqf establishments, including licensing, governance regime and penalties for licensing violations. The Awqaf and Minors Affairs Foundation is also responsible for overseeing and monitoring the waqf establishment.

Pursuant to Law No (14) of 2017, endowments are subject to Federal Law No (5) of 1985 without prejudice to the terms and conditions set forth by the grantor or otherwise by the Awqaf and Minors Affairs Foundation and the MBRGCEC. The Board of Dubai’s Awqaf and Minors Affairs Foundation, in collaboration with the MBRGCEC, is authorised to issue the policies and procedures required to implement this law. The law does not contradict or challenge the waqf-related laws applicable in Dubai International Financial Centre.

Pursuant to Law No. (17) of 2017, the MBRGCEC aims to support the vision of Dubai to become a global humanitarian hub, enabling waqf and endowments to match various local, regional and international developmental needs. The law authorises the centre to provide consulting services for individuals and organisations according to international best practices, identify the critical development requirements that waqf can support, enhance knowledge and capabilities in the fields of awqaf and endowments by conducting research and studies, organising conferences and workshops and signing partnership agreements with specialised local, regional and international organisations.

The centre is also authorised to issue the MBRGCEC’s Dubai Endowment Sign according to specified regulations and procedures. To qualify for the signage, the individual or entity must have launched sustainable waqf-related initiatives, projects or contributions.

The law also authorises the Board of Trustees of the Mohammed bin Rashid Al Maktoum Global Initiatives to appoint the Secretary General of the MBRGCEC.

This law annuls any other legislation that contradicts or challenges its articles. Both laws will be published in the Official Gazette and considered valid from the date of publication.

Muslim case law explained in new book from OUP India

Cases on Muslim Law of India, Pakistan, and Bangladesh, by Alamgir Muhammad Serajuddin, Professor Emeritus, Department of History, and former Vice-Chancellor, University of Chittagong, Bangladesh, provides an introduction to the basic principles and rules of Muslim law, and shows how case law acts as a social barometer and an instrument of change.

Source: OUP website.

Published by OUP India, the book offers 61 essential cases on Muslim law from pre- and post-independent India, Pakistan, and Bangladesh, explains the basic principles and rules of Muslim law, and their application by the courts.

The cases discussed cover such diverse areas as sources and interpretation of law, institution of marriage, polygamous marriages, dower, restitution of conjugal rights, talaq, khula, irreconcilable breakdown of marriage, legitimacy, guardianship, and maintenance of wives and divorced wives. Legislations covered include the Dissolution of Muslim Marriages Act 1939, Muslim Family Laws Ordinance 1961, and Muslim Women Act 1986.

The book also shows how religion-based rules of personal law have been interpreted by secular courts during certain epochs in history and how the trend of interpretation has changed over the last 150 years.

Interested?

The book (ISBN 978-0-19-945761-8) is available in hardback for £34.99.