With the aim of developing the endowment through a contemporary Islamic and social perspective

Mohammed bin Rashid issues the law "Endowment Foundation and Minors' Fund Management in Dubai"

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of the Emirate of Dubai, issued Law No. 17 of 2022 on the Endowment Foundation and the Management of Minors’ Funds in Dubai, with the aim of contributing to the realization of the UAE’s vision of development and happiness. The welfare of its members, the development of the endowment through a contemporary Islamic and social perspective, the encouragement of philanthropists to revive and consolidating the endowment as a benign Sunnah, and taking care of endowments, preserving them, managing them and investing their assets, in order to achieve the legitimate purposes of them.

The law also aims to strengthen the role of endowments, gifts and wills for the advancement of society, and to achieve social solidarity among its members, in addition to taking care of the funds of minors and those in their judgment, and preserving, managing, investing and developing them in a manner that serves their interests, within the limits of the provisions of this law, the Personal Status Law, the provisions of Islamic Sharia, and any legislation Other related.

In addition, His Highness the Ruler of Dubai issued Law No. (18) of 2022 regarding the transfer of the "Mohammed Bin Rashid International Center for Endowment and Endowment Consultation" to the Foundation, with the repeal of Law No. 17 of 2017 regarding the establishment of the center, and Law No. 11 ) for the year 2018 regarding attaching the center to the Endowments and Minors Affairs Foundation, and repealing any text in any other legislation to the extent that it contradicts the provisions of Law No. 17 of 2022, while the decisions and regulations issued in implementation of Law No. 14 of 2017 regarding the organization of Endowment and endowment in the Emirate of Dubai, and Law No. (17) of 2017, referred to, to the extent that it does not conflict with the provisions of this law and the legislation in force at the institution, until the issuance of the decisions and regulations that replace them.

Law No. (17) of 2022 applies to the “Awqaf and Minors’ Affairs Foundation,” established by Law No. (9) of 2007, provided that the name “Awqaf and Minors’ Affairs Foundation” is amended wherever it appears in any other legislation to become “The Endowment Foundation and Minors’ Fund Management in Dubai".

The articles of the second chapter of the law are devoted to detailing the organizational structure of the institution, which consists of the board of directors and the executive body, in addition to defining the competencies of the board of directors and the governance of its work, and the mechanism for forming the executive body of the institution;

Including the appointment of the CEO and determining his terms of reference, as well as defining the institution's financial resources, accounts and fiscal year, which begins on the first day of January and ends on the 31st of December of each year.

And the third chapter of Law No. (17) of 2022, regarding endowment and endowment affairs, as the articles of this chapter included the institution’s tasks in the field of guardianship over endowments, as well as the powers granted to the institution in managing and maintaining endowments, with the exception of mosques, as this chapter of the law defines the powers granted The Foundation may invest the endowment funds, in accordance with investment formulas that are compatible with the provisions of Islamic Sharia and the legislation in force in the Emirate of Dubai, and as the Foundation deems to achieve the interest. The law also guarantees the powers of the Foundation to dispose of the endowment proceeds.

The law stipulates that the institution shall supervise the atomic endowment, which is what the endowment endows on himself or on all or some of his offspring, or on other persons appointed by themselves or their descriptions, whether from relatives or others, provided that supervision is in accordance with the provisions of this law and the law of endowment The gift and the decisions issued pursuant thereto, and the management of this endowment and its guardians based on the desire of the endowment or stakeholders, or by a decision of the competent court in the event of a dispute between the endowed for them and the beholder.

The articles of Chapter Four of Law No. (17) of 2022 included the competencies of the “Awqaf Foundation and the Management of Minors’ Funds in Dubai” with regard to the funds of minors and those in their judgment, procedures for conducting guardianship, guardianship and judicial agency, rules for disposing of the funds of minors and those of similar heirs and partners, and cases In which the institution has the right to manage, invest, develop and preserve the funds of minors and those in their position to achieve their interests without the need for permission from the competent court. Safe and low risk.

The law details the powers of the Executive Director of the Foundation regarding the disposal of the funds of minors and those of similar status, in a manner that achieves their interests, while it is not permissible, without prior permission from the competent court, to dispose of the funds of a minor and the like by selling, mortgaging or any other type of behavior transferring ownership or arrangement. A right in rem, or transferring the debts of a minor or the like, or accepting the assignment on him if he is in debt. Also, it is not permissible, without the permission of the competent court, to invest the money of a minor and those in his judgment for the account or interest of the institution, or to accept or refuse donations made to a minor or a similar person that are restricted on condition .

The new law subjected the financial transactions undertaken by parents, guardians, guardians, judicial agents and judicial assistants on the funds of minors and the like, to the supervision and control of the institution, and each of them is obligated to answer its requests and provide it with any clarifications or inquiries it requires.

The law defines the obligations of the guardian of the estate and the situation in which guardianship over money may be taken away and limited if the funds of the minor and those in his judgment become in danger due to the misconduct of his legal representative or for any other reason, where the institution has to resort to the competent court to request the deprivation of the legal representative’s jurisdiction over his money or Limiting them, as well as the law specifying cases of dismissal of the legal representative of a minor and the like, delegating judges to consider requests for endowment, guardianship, gifts, guardianship, and judicial agency over the funds of minors and their like, in addition to cases in which the institution’s guardianship and guardianship ends.

The law included the obligations of the executor of the will, and the powers granted to the Endowment Foundation and the management of the funds of minors in Dubai, in order to manage, implement and preserve wills. The law also authorized the institution to take a number of measures against the executor of the will, including asking the competent court to stop the executor of the will from his work, and appointing another will executor in his place, in the event of his repeated delay in submitting the annual budgets of the will, final accounts and documents supporting the revenue and disbursement of the will, as well as depriving him From his wages, whether in whole or in part, if his execution of the will is paid, in the event of his neglect or negligence in the supervision, and other measures intended to preserve the funds of minors and the like.

The law exempted the charitable endowment, the charitable share of the joint endowment, endowment institutions, wills and donations designated for the common good or the public benefit, from fees and taxes, including litigation fees, and exempted the Foundation from judicial fees if it initiates lawsuits on behalf of the person in charge of guardianship, guardianship or judicial agency. On their money from minors and the like who are registered with it from the destitute and with limited income.

In accordance with the provisions of the new law, and for the purposes of enabling it to carry out the tasks and powers assigned to it under this law and the decisions issued pursuant thereto and the legislation in force in the emirate, the institution may request from all governmental and non-governmental agencies, including federal and local government agencies, judicial authorities, and the Central Bank of the United Arab Emirates And banks and banks inside and outside the UAE, providing them with any data or information they request, and implementing any procedures that must be carried out in accordance with the provisions of this law and the decisions issued pursuant thereto and the legislation in force in the Emirate of Dubai.

 Subjecting the financial actions of parents, guardians, guardians, judicial agents and judicial assistants on the funds of minors to the supervision of the institution.

The law permits the competent court, in specific cases, to dismiss the executor of the will if it is proven that he has breached his duties, and to appoint a replacement executor.

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