Article (10)
Investment, Sale, and Substitution of the Waqf
1. The Trustee may, with the permission of the Settlor (Waqif) or the authorization of the
Competent Court, invest, sell or substitute the Waqf, subject to the following conditions:
a. No amendment shall be made to the Waqf Disbursement Channels or conditions
unless the Settlor (Waqif) has expressly so stipulated in the Waqf Certificate or the
amendment serves a predominant interest of the Waqf and is authorized by the
Competent Court. The substitute Waqf shall be registered subject to the same
provisions governing the original Waqf. As an exception thereto, the Competent
Authority may, in respect of any Waqf under its trusteeship, substitute the Waqf or
amend its Disbursement Channels or conditions where doing so serves a predominant
interest of the Waqf, based on a technical and Sharia-compliance report.
b. Where a mosque becomes unfit for the purpose for which it was endowed and cannot
be restored to its former condition, the Competent Authority may, where the interest
so requires, demolish it or substitute it with another mosque that fulfils the intended
purpose, after obtaining the authorization of the Competent Court, with an
appropriate alternative to be provided, where possible.
c. A Waqf designated as a cemetery may not be used for any purpose other than that for
which it was designated, unless necessity so requires in the interests of the persons
buried therein or in the public interest, after obtaining the authorization of the
Competent Court, with an appropriate alternative to be provided, where possible.
-- 8 of 13 --
Cabinet Resolution of 2026 Regarding the Executive Regulations of Federal Law of 2018 Regarding WAQF
(Endowment) 9
d. Funds derived from the sale or substitution of the Waqf, from the surplus returns
thereof or from the profits generated by its Investment shall be allocated to purchasing
or establishing new assets to replace the assets sold, substituted, or lost.
e. Where no substitute is purchased within one year from the date on which the amount
is deposited with the Competent Authority in a bank account opened in the name of
the Waqf and under its supervision, in cases where it acts as Trustee, or in the court
treasury, in cases where the Competent Authority does not act as Trustee, the
Competent Court may order the Trustee to purchase the substitute under its
supervision.
f. Where the substitution funds are pooled from more than one Waqf, whatever is
established using such funds shall be jointly owned in proportion to the contribution
of each Waqf thereto.
g. An independent Waqf may be purchased using surplus substitution funds, subject to
the approval of the Competent Authority where it acts as Trustee, or of the Competent
Court where the Competent Authority does not act as Trustee. Where the substitute
funds are insufficient to purchase an independent Waqf, they may be combined with
other funds for the purchase of another Waqf, provided that the returns thereof are
expended through the Disbursement Channels of the original Waqf. Where this is not
possible, the funds shall be invested.
h. Surplus Waqf returns shall be invested in legally permissible forms of investment in a
manner that ensures the preservation of the Waqf funds, limits the risk of loss and is
compatible with the Sharia nature of the Waqf.
2. Without prejudice to Clause (1) of this Article, the following controls shall be observed
when substituting or selling the Waqf:
a. The substitution or sale of the Waqf shall be conducted under the supervision of the
Competent Authority where it acts as Trustee, or of the Competent Court where the
Competent Authority does not act as Trustee.
b. The substitution or sale price shall not be less than the price of the like.
c. Any suspicion of impropriety or favoritism in the substitution or sale process shall be
avoided.
-- 9 of 13 --
Cabinet Resolution of 2026 Regarding the Executive Regulations of Federal Law of 2018 Regarding WAQF
(Endowment) 10
d. The Waqf shall not be delivered until the full price has been received.
3. The Investment, sale, or substitution of the Waqf shall be conducted in accordance with
the following procedures:
a. There shall be a technical report approved by the relevant entities and, where the Waqf
consists of immovable property, land, or a building, prepared in coordination with the
competent local entities, setting out the condition of the Waqf and the reasons for the
proposed disposal.
b. A duly authenticated contract shall be concluded in accordance with the applicable
forms and procedures, with due observance of all relevant safeguards.
c. Funds derived from the sale or substitution of the Waqf, from the surplus returns
thereof, or from the profits generated by its investment, where the Waqf is under the
trusteeship of the Competent Authority, shall be deposited in a bank account opened
in the name of the Waqf and under its supervision.
d. Funds derived from the sale or substitution of the Waqf, from the surplus returns
thereof, or from the profits generated by its investment, where the Waqf is not under
the trusteeship of the Competent Authority, shall be deposited in the treasury of the
Competent Court.