Endowments Authority: Justice among children to ensure the health and sustainability of the endowment
The General Authority for Endowments in the Kingdom of Saudi Arabia affirmed that achieving justice among children is a fundamental pillar and an essential condition for the validity of a family endowment, stressing the need to avoid allocating the endowment to some children without others, because this may cause family disputes that undermine the ultimate goal of the endowment and lead to severing ties of kinship.
General context and historical background of the endowment
Endowment (waqf) is a deeply rooted Islamic system and one of the most prominent forms of ongoing charity in Islamic civilization, dating back to the time of the Prophet Muhammad (peace be upon him). It is based on the preservation of the principal and the allocation of its benefits, meaning the freezing of the principal (real estate, stocks, or cash) and the disbursement of its proceeds and returns to charitable causes. Historically, endowments have played a pivotal role in financing public services such as hospitals, schools, and libraries, and have constituted a vital economic and social resource that has contributed to the stability and development of Muslim societies. Within the framework of the Kingdom's Vision 2030, the leadership has given considerable attention to regulating and developing the endowment sector through the establishment of the General Authority for Endowments, with the aim of maximizing its economic and social impact and enhancing its contribution to sustainable national development.
The importance of justice in the sustainability of endowments and its impact
The Authority explained that adhering to the principle of fairness in gifts and financial transactions within the family is the safeguard that protects the family unit from disintegration and ensures its stability. This principle directly impacts the sustainability of the endowment and the achievement of its developmental and social objectives. When all children feel treated fairly and equally, their shared commitment to nurturing, developing, and preserving the endowment as a blessed family legacy increases, thus preventing any feelings of discrimination that might sow discord among them. The Authority emphasized that allocating an endowment to certain children is only permissible with a valid legal justification.
Exceptional cases and legal justifications
In a related context, the authority clarified the exceptional circumstances under which a donor may allocate a charitable endowment to some of his children to the exclusion of others, emphasizing that such an exception must be based on a clear legal justification. Among these valid circumstances are:
- Urgent need: One of the children is suffering from extreme poverty, chronic illness, or disability that requires continuous financial support to ensure their living stability.
- Motivating good deeds: Encouraging children to engage in charitable work, seek religious knowledge, or memorize the Holy Quran, where a portion of the endowment can be allocated to support them in this path.
- Taking into account special circumstances: Providing the necessary financial support to children with disabilities to ensure a decent and sustainable life for them.
The Authority concluded that Islamic Sharia established these precise controls to ensure the achievement of effective justice, protect the rights of all family members, and consolidate the values of solidarity and righteousness upon which the endowment system is based, thus ensuring the continuity of its positive impact on the individual and society.
