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Prime Minister Forms a Supreme Comm

Prime Minister Forms a Supreme Committee for Endowment
The Prime Minister issued decree No. 281 of 2013 forming a Supreme Committee presided by him to prepare a group of policies, suggestions, and studies in regards to the situation of Endowments in Egypt and its law, properties, and disputes concerning these properties (the “Decree”).[1] The Decree also included the formation of a subsidiary technical committee. This Decree is consistent with the interest directed to this issue, which led to its inclusion in the Egyptian Constitution[2] for the first time. This was in Articles 25 and 212; Article 25 states the following: “The state is obliged to revive the Charity Endowment system and to encourage it. The law shall regulate endowments; determine its establishment methods and its management of funds, investments and the distribution of these returns upon its beneficiaries in accordance to the Wakif conditions”. The Constitution established a Supreme Body for Endowment Affairs to oversee the Independent and Regulatory Bodies; Article 212 of the Constitution states the following: “The Supreme Authority for Endowment Affairs shall regulate its public and private institutions, supervise and monitor them, guarantee their commitment to rational administrative and economic management, and spread the culture of endowment in the society”.
Endowment in Egypt before July 1952
Endowment’s history goes back to Law No. 48 for the Year 1946 (the “Law”).[3] Some of this Law’s provisions shall be discussed below beginning from its establishment. The Law approved endowments of movables and immovables as well as endowments for goods and non-goods. Endowments in the benefit of non-Muslims were conditioned on the non-violation of Sharia Law. The legislation then deals with events of revocation of endowments, which is allowed except in case of mosques; the Law is explicit on this point. The Law also stipulates events leading to the end of an endowment, which shall either be by duration or by the extinction of the beneficiaries. Articles concerning the rights to endowments abolished the endowment conditions which lead to the limitation of the beneficiaries’ rights in marriage and residency. Furthermore, the Law approves of the owner’s endowment of a maximum amount equal to a third of his wealth; wealth calculation shall be made at the date of death. Inheritance barriers regarding murder shall apply to beneficiaries who are murderers. The Law does not allow the apportionment of the endowment in the Wakif life’s unless based on his agreement and the Law offers the Wakif to revise his actions. The Law also covers the apportionment rules and permits each of the beneficiaries to request sorting his share in the event the endowment can be apportioned without damages. These are followed by regulations of the endowment trust; the Law invalidates the trust's decision to assign its supervisory rights to any third party individually or jointly. Foreigners’ responsibility over trusts is not allowed, in case one of the beneficiaries is eligible to perform this role. A separate section was provided for accounting for trusts and determining liability incurred. The liability is concerned with the default of the endowment properties. Moreover, the trust shall be liable for simple errors in cases where there is payment for supervision. The Law obliged the trusts to save 2.5% of the net receipts annually for repairing the endowment. With regard to farms, the saved money shall be used to establish buildings based on the judge’s order. Finally, the Law provides a group of finalizing provisions. Two months following the July 1952 Revolution, a Law No 180 of was passed.[4] This law abolished endowments of non-goods and considered expired each endowment that cannot be disbursed to any charitable body. Consequently, the ownership of the endowment shall be returned to the Wakif in case alive, or shall be directed to the current beneficiaries, based on each one’s due share.
Endowment after the Constitution
Following the abolishment of the endowment in consistency with the new Constitution, it became obligatory to prepare a new Law for endowments. Therefore, the recent Decree formed in its first Article a Committee that he presides and in the event of absence the deputy shall be the Minister of Endowment. The Prime Minister has put preparing a new Endowment regulation and management Law in conformity with the new Constitution at the top of this Committee’s competence. The Decree authorized the Committee to suggest reasonable policies and to undertake regulations aiming to manage endowments in the future. Furthermore, it has the right to implement any procedures in order to retain looted endowments. Finally, the Decree offered the Committee the right to suggest what is needed to manage the current endowment subsidiary, the Egyptian Endowment Authority. This Committee has in its membership the Ministers of Investment, Agriculture and Land Reclamation, Housing and Urban Communities, Endowment, Industry and Foreign Trade, Domestic Development, and finally the Chairman of the Egyptian Endowment Authority. The second Article of the Decree formed a technical secretariat headed by one of the specialists appointed by the Prime Minister. Its membership includes representatives of the following authorities: Egyptian Endowment, Survey, Urban Planning, Urban Communities, Military Survey, Land Reclamation, National Center for Planning State Lands Uses and the Notary Public. This secretariat shall count the Egyptian endowments and the start shall be in Alexandria, Kafr El-Shiekh and El-Dakahlia. In addition, the secretariat shall provide survey maps for endowed lands publicized in endowment properties. The secretariat shall also keep track of cases and disputes regarding endowed lands, and the provision of recommendations to the above-mentioned Ministerial Committee. The secretariat has to provide a time plan for counting endowments in all Governorates to present it to the Ministerial Committee. The secretariat must execute all that it is asked of by the Ministerial Committee. The third Article of the decree has limited the Committee’s duration to a maximum of one year.   [1] Prime Minister’s Decree No. 281/2013 forming a Supreme Committee for Endowments, Official Gazette, Issue No. 13, 28 March 2013. [2] The Egyptian Constitution, Official Gazette, Issue No. 51 (bis), 25 December 2012. [3] Law No. 48/1946 on Endowments, Egyptian Gazette, Issue No. 61, 17 June 1946. [4] Law No. 180/1952 abolishing Endowments of Non-goods, Egyptian Gazette, Issue No. 132 (bis), 14 September 1952.
The Prime Minister issued decree No. 281 of 2013 forming a Supreme Committee presided by him to prepare a group of policies, suggestions, and studies in regards to the situation of Endowments in Egypt and its law, properties, and disputes concerning these properties (the “Decree”).[1] The Decree also included the formation of a subsidiary technical committee. This Decree is consistent with the interest directed to this issue, which led to its inclusion in the Egyptian Constitution[2] for the first time. This was in Articles 25 and 212; Article 25 states the following: “The state is obliged to revive the Charity Endowment system and to encourage it. The law shall regulate endowments; determine its establishment methods and its management of funds, investments and the distribution of these returns upon its beneficiaries in accordance to the Wakif conditions”. The Constitution established a Supreme Body for Endowment Affairs to oversee the Independent and Regulatory Bodies; Article 212 of the Constitution states the following: “The Supreme Authority for Endowment Affairs shall regulate its public and private institutions, supervise and monitor them, guarantee their commitment to rational administrative and economic management, and spread the culture of endowment in the society”.
Endowment in Egypt before July 1952
Endowment’s history goes back to Law No. 48 for the Year 1946 (the “Law”).[3] Some of this Law’s provisions shall be discussed below beginning from its establishment. The Law approved endowments of movables and immovables as well as endowments for goods and non-goods. Endowments in the benefit of non-Muslims were conditioned on the non-violation of Sharia Law. The legislation then deals with events of revocation of endowments, which is allowed except in case of mosques; the Law is explicit on this point. The Law also stipulates events leading to the end of an endowment, which shall either be by duration or by the extinction of the beneficiaries. Articles concerning the rights to endowments abolished the endowment conditions which lead to the limitation of the beneficiaries’ rights in marriage and residency. Furthermore, the Law approves of the owner’s endowment of a maximum amount equal to a third of his wealth; wealth calculation shall be made at the date of death. Inheritance barriers regarding murder shall apply to beneficiaries who are murderers. The Law does not allow the apportionment of the endowment in the Wakif life’s unless based on his agreement and the Law offers the Wakif to revise his actions. The Law also covers the apportionment rules and permits each of the beneficiaries to request sorting his share in the event the endowment can be apportioned without damages. These are followed by regulations of the endowment trust; the Law invalidates the trust's decision to assign its supervisory rights to any third party individually or jointly. Foreigners’ responsibility over trusts is not allowed, in case one of the beneficiaries is eligible to perform this role. A separate section was provided for accounting for trusts and determining liability incurred. The liability is concerned with the default of the endowment properties. Moreover, the trust shall be liable for simple errors in cases where there is payment for supervision. The Law obliged the trusts to save 2.5% of the net receipts annually for repairing the endowment. With regard to farms, the saved money shall be used to establish buildings based on the judge’s order. Finally, the Law provides a group of finalizing provisions. Two months following the July 1952 Revolution, a Law No 180 of was passed.[4] This law abolished endowments of non-goods and considered expired each endowment that cannot be disbursed to any charitable body. Consequently, the ownership of the endowment shall be returned to the Wakif in case alive, or shall be directed to the current beneficiaries, based on each one’s due share.
Endowment after the Constitution
Following the abolishment of the endowment in consistency with the new Constitution, it became obligatory to prepare a new Law for endowments. Therefore, the recent Decree formed in its first Article a Committee that he presides and in the event of absence the deputy shall be the Minister of Endowment. The Prime Minister has put preparing a new Endowment regulation and management Law in conformity with the new Constitution at the top of this Committee’s competence. The Decree authorized the Committee to suggest reasonable policies and to undertake regulations aiming to manage endowments in the future. Furthermore, it has the right to implement any procedures in order to retain looted endowments. Finally, the Decree offered the Committee the right to suggest what is needed to manage the current endowment subsidiary, the Egyptian Endowment Authority. This Committee has in its membership the Ministers of Investment, Agriculture and Land Reclamation, Housing and Urban Communities, Endowment, Industry and Foreign Trade, Domestic Development, and finally the Chairman of the Egyptian Endowment Authority. The second Article of the Decree formed a technical secretariat headed by one of the specialists appointed by the Prime Minister. Its membership includes representatives of the following authorities: Egyptian Endowment, Survey, Urban Planning, Urban Communities, Military Survey, Land Reclamation, National Center for Planning State Lands Uses and the Notary Public. This secretariat shall count the Egyptian endowments and the start shall be in Alexandria, Kafr El-Shiekh and El-Dakahlia. In addition, the secretariat shall provide survey maps for endowed lands publicized in endowment properties. The secretariat shall also keep track of cases and disputes regarding endowed lands, and the provision of recommendations to the above-mentioned Ministerial Committee. The secretariat has to provide a time plan for counting endowments in all Governorates to present it to the Ministerial Committee. The secretariat must execute all that it is asked of by the Ministerial Committee. The third Article of the decree has limited the Committee’s duration to a maximum of one year.   [1] Prime Minister’s Decree No. 281/2013 forming a Supreme Committee for Endowments, Official Gazette, Issue No. 13, 28 March 2013. [2] The Egyptian Constitution, Official Gazette, Issue No. 51 (bis), 25 December 2012. [3] Law No. 48/1946 on Endowments, Egyptian Gazette, Issue No. 61, 17 June 1946. [4] Law No. 180/1952 abolishing Endowments of Non-goods, Egyptian Gazette, Issue No. 132 (bis), 14 September 1952.