Legislation Details
- Full Title: Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment
- Law Type: Cabinet Resolution
- Law Number: [no number provided]
- Issued Date: 11 Apr 2019
- Effective Date: [not specified]
- Official Gazette: No. 507
- Sector: Faith and Religion Affairs
- Status: Active
- Number of Articles: 20
- Chapters/Parts: 0
- Amendments: [not specified]
Summary
This Cabinet Resolution regulates the disbursement of income from endowments (waqf) in the UAE. It defines key terms, outlines the sources of endowment income, and specifies the channels through which this income must be distributed. The Resolution also establishes the responsibilities of the General Authority of Islamic Affairs and Endowments (the Authority) and its Board of Directors in managing and overseeing the distribution of endowment funds. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 1-9) This legislation is important for religious and charitable organizations, as well as individuals who have established endowments in the UAE. It provides a clear legal framework to ensure endowment income is utilized effectively for various social welfare and community development purposes, in accordance with Islamic principles. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 1-9)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate the disbursement of income from endowments (waqf) in the UAE. It applies to all endowments, including charitable endowments, family endowments, and mixed endowments. The purpose is to provide a legal framework for the proper management and distribution of endowment funds to support various social, religious, and community development initiatives. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 1-2, 5-6)
What are the key definitions under this law?
The Cabinet Resolution provides the following key definitions:
- Authority: The General Authority of Islamic Affairs and Endowments
- Board: The Board of Directors of the General Authority of Islamic Affairs and Endowments
- Endowment: The entrusting of a specific asset for a period of time and the devoting of its profit or products in charity for the poor or other good purposes
- Charitable Endowment: An endowment where the income and usufruct are devoted to charitable purposes for the benefit of the public or society
- Family Endowment (Ahly or Dhurri): An endowment where the income and usufruct are devoted to the creator of the endowment, their offspring, or other specified beneficiaries, with the endowment eventually vesting in a charitable body after the death of the beneficiaries
- Mixed Endowment: An endowment that combines both charitable and family endowment elements
- Endowment Income Distributing Channels: Bodies upon which an endowment's income is distributed
- Deed of Endowment: A written instrument indicating the creator's will to restrict the income and usufruct of an asset to a beneficiary
- Sharia Committee: A committee formed by the Board to provide religious opinions and fatwas
- Projects and Investment Committee: A committee formed by the Board to provide opinions on the investment of endowment assets
(Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this Cabinet Resolution are: 1. Endowment income must be distributed to the channels specified in Article 5, which include Islamic affairs, science, health, orphans and the poor, righteousness and piety, family endowments, and social welfare. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 5) 2. The disbursement of endowment income must comply with the controls outlined in Article 6, including ensuring the funds are used for the specified charitable purposes, prioritizing the needs of the beneficiaries, and adhering to any conditions or restrictions in the endowment deed. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 6) 3. The Board of Directors of the General Authority of Islamic Affairs and Endowments is responsible for executing disbursements, developing regulations for the management and investment of endowment funds, and overseeing the implementation of endowment deeds. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 7)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement and implementation of this Cabinet Resolution are: 1. The General Authority of Islamic Affairs and Endowments (the Authority): The government entity responsible for managing and overseeing endowments in the UAE. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 1) 2. The Board of Directors of the General Authority of Islamic Affairs and Endowments (the Board): The governing body of the Authority, responsible for executing disbursements, developing regulations, and overseeing the implementation of endowment deeds. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 7) 3. The Sharia Committee: A committee formed by the Board to provide religious opinions and fatwas on endowment-related matters. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 1) 4. The Projects and Investment Committee: A committee formed by the Board to provide opinions on the investment of endowment assets. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 1)
How does this law interact with other UAE legislation?
This Cabinet Resolution is related to the following UAE legislation: 1. Federal Law No. (1) of 1972 Concerning Competencies of Ministries and Powers of Ministers and amendments thereof: This law establishes the general framework for the powers and responsibilities of government ministries and authorities. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Preamble) 2. Federal Law No. (29) of 1999 on the Establishment of the General Authority of Islamic Affairs and Endowments and amendments thereof: This law establishes the General Authority of Islamic Affairs and Endowments and outlines its responsibilities. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Preamble) 3. Ministerial Council for Service Resolution No. (162 / 7) of 2009 on Approving the Controls governing the Disbursement from the Income of Endowments: This resolution was previously in place and has now been repealed by the current Cabinet Resolution. (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Preamble)
When did this law come into effect?
The Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment was issued on 11 April 2019. However, the effective date is not specified in the text. The Resolution states that it "shall be effective from the date of its issuance and all the competent authorities, each within its competence, shall implement this Resolution." (Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment, 2019, Art. 9)
Source Documents
This article analyses Cabinet Resolution on the Regulations for the Disbursement from the Income of Endowment for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.