Topic 2 — Endowment
Article 343:
Endowment is retention of property from proprietary possession and devotion of its profits to
charitable purposes.
Article 344:
Endowment has legal personality that is established by its charter.
Article 345:
In order to manage affairs of endowment, there exists a government office named Awqaf that
administers and supervises incomes and expenditures of endowment in accordance with essential
conditions of endowment specified in its charter, unless special laws have provided otherwise.
Article 346:
Endowment shall have independent financial rights and obligations and shall be obligated to pay the
debts that are undertaken in accordance with the conditions of its charter.
Article 347:
Authenticity of endowment, reversion from it and any kind of change in expenses, essential conditions
or swap of the endowed property shall be valid by endower when it is registered in the relevant books.
Article 348:
Measures mentioned in Article (347) of this Law shall be registered in the special books allocated for
this purpose by the Office for Registration of Documents.
Article 349:
If a problem concerning validity of endowment document appears to the registrar, the issue shall be
referred to the relevant court for resolution and decision.
Article 350:
Endowment that has not been created according to provisions stated in this Law shall not be recognized
as valid.
Article 351:
Deprivation of the right to endowment or reversion from endowment shall be decided by the relevant
court. The issue shall be served on persons whose deprivation or reversion from their right is decided
so that they could present their argument to court.
Article 352:
If endowment document includes an illegal or void action or if endower lacks legal capacity, the Office
for Registration of Documents shall not register such cases.
Article 353:
If endowment is established on an invalid condition, endowment shall be valid but the condition shall
be invalid.
Article 354:
(1) Permanent and temporary endowments are permissible
(2) Endowment for mosques and public organizations may not be temporary.
(3) Special endowment shall be temporary and shall not be permitted for more than two generations
of the endower.
Article 355:
Endowment for charity affairs shall be permissible when they are recognized as charity according to
provisions of Islam and the national interest.
Article 356:
(1) Endowment of movable and immovable properties shall be permissible
(2) Endowment of a part of common ownership in an immovable property shall not be permissible,
unless it is divided and allocated.
Article 357:
Shares of companies that have permissible activities may be endowed.
Article 358:
Validity of statements of endower regarding the endowed property shall be based on word and spirit
of statements.
Article 359:
(1) Endower may not revert from all or part of public endowment, but he may stipulate conditions
on purposes of its spending, at the time of registration of the endowment, within the limits of
provisions of this Law.
(2) Endower may not modify endowment of mosques and public institutions and whatever endowed
for them.
Article 360:
Change in spending conditions of public endowment shall be, explicitly and according to provisions
stated in this Law, made.
Article 361:
Endower may, at the time of registration of special endowment and within the limit of provisions of
this Law, stipulate exercise of the following rights:
1 – Endow and deprive.
2 – Increase and decrease.
3 – Change.
4 – Exchange.
Article 362:
Exchange of endowed property shall be registered in the relevant registration book after approval of
Awqaf Office.
Article 363:
Confession of endower or a third party regarding lineage of person, when there are indications that the
confession is not true, shall not affect the endowee.