Kuwait Court of Cassation principle number 4211

Endowments for non-charitable purposes and charitable endowments. The distinction between them. Its criterion. An endowment is considered charitable if dedicated to a charitable purpose that does not cease. These assets remain perpetually tied up in the ownership of God Almighty with - 826 - Ownership their benefit given in charity. They may not be disposed of by any type of disposition. They may be exchanged for something more beneficial when necessary and where the interest so requires. Article 4 of the High Order issued on 5/4/1951 applying special Sharia provisions concerning endowments. Its application to all charitable and family endowments regardless of the founder’s religious school, even if the founder died before possession was taken. The substitute takes the place of the original in being perpetually withheld from disposition. - Testamentary disposition. Its nature. - A bequest of usufruct to an indefinite group of people whose cessation is not anticipated, or for any charitable purpose. The legatees are entitled to the usufruct in perpetuity where the bequest is perpetual or unrestricted. The testator’s death while maintaining his will. The disposition becomes an endowment governed by the provisions on endowments, even though the deceased’s expressions took the form of a bequest. It may not be revoked. The reason for this. Example.