Kuwait Court of Cassation principle number 1207

An endowment for purposes other than charitable purposes is not made by way of drawing closer to Allah Almighty, but by way of beneficence and maintaining ties, and entitlement is not linked to a description bringing it within charitable purposes. Examples. - A charitable endowment: where it is for a charitable cause that does not cease. - Endowed property remains as it is, perpetually tied up under the rule of ownership by Allah Almighty, with its usufruct given in charity. Its implication. It may not be disposed of by any kind of disposition and is not subject to sale, mortgage, bequest, acquisition of ownership, or inheritance. When necessary, it may be substituted with something more beneficial. - The endower's words must be construed according to what is understood to have been intended by the expressions in the endowment deed, and implication is of no account in the face of an express statement. An example of a reasonable inference that the endowment is charitable and cannot be acquired in ownership or made subject to the rules governing bequests.