The Waqf and its Provisions

Abstract

This research serves as a part and introduction to a master's thesis in private law at King Abdulaziz University, focusing on the subject of "Waqf" (endowment). The researcher, “Majed bin Abdul Rahman Al-Bahar”, conducted this study under the guidance of Associate Professor of Civil Law, “Dr. Faisal bin Sutouf Al-Assaf”, at King Abdulaziz University in Jeddah. “Waqf" is one of the voluntary contracts that individuals conclude, driven by a desire for reward from Allah Almighty. It is a charitable act aimed at dedicating something beneficial to individuals or entities in need of support and assistance. Due to the importance of "Waqf" in society, this research addresses the answer to the issue of: "What are the legal rulings (ahkam) governing Waqf?"  This inquiry encompasses various aspects falling under this overarching issue. The researcher has adopted a descriptive-analytical methodology to answer these questions. This was achieved through the description and analysis of legal articles related to Waqf as stipulated by the Saudi legislations, including the General Authority for Endowments law, the Civil Transactions law, and other relevant regulations. The researcher has arrived at several key findings, with some of the most notable being that Waqf is subject to specific conditions and elements that must be satisfied for its validity. Furthermore, the study highlights that Waqf is characterized by flexibility and inclusiveness, designed to address diverse human needs.