Under Qatari law, a waqf (endowment) is the dedication of the corpus of property—whether movable or immovable—while preserving the asset itself and allocating its benefits for a specified purpose. The establishment of a waqf gives rise to significant legal consequences that define its nature and intended purpose, while ensuring its continuity and permanence. Pursuant to Article (4) of Law No. (9) of 2021, a waqf enjoys legal personality, reflecting the fact that ownership of the endowed property is removed from the ownership of the founder (waqif).
The waqf also becomes legally independent from its beneficiaries. Accordingly, neither the founder nor the beneficiaries retain ownership of the endowed asset itself, and none of them may dispose of the endowed property in a manner that revokes or undermines the purpose of the endowment. Nevertheless, disputes may arise concerning the endowed property or its administration. This raises an important legal question: can the founder or the founder’s heirs claim entitlement to recover endowed property? This article examines that issue.
A waqf is established in writing before the competent authority, namely the General Directorate of Endowments at the Ministry of Endowments and Islamic Affairs in Qatar. A waqf may also be created verbally, in writing, by gesture from a person unable to speak, or through conduct accompanied by intent or circumstances indicating such intention. It may be proven by all legally recognized methods of evidence. Once validly established, a waqf becomes binding and irrevocable. Possession by the beneficiary is not a requirement for its validity. Ownership of the endowed property is transferred from the founder and registered in the name of “Waqf for the Sake of Allah” pursuant to the endowment deed or a final judicial ruling.
Accordingly, endowed property is governed by the following legal principles:
- 1. Once established, a waqf is binding upon the founder and cannot be revoked.
- 2. The waqf is irrevocable.
- 3. Possession of the endowed property by the beneficiary is not a condition for the validity of the waqf.
- 4. Ownership of the endowed property is removed from the founder.
To determine whether the founder or the founder’s heirs may reclaim endowed property, it is first necessary to understand the various categories of waqf recognized under Qatari law.
The answer is provided in Article (5) of Law No. (9) of 2021 on Endowments, which classifies waqf into the following categories:
- 1. Charitable Waqf: An endowment whose benefits are allocated from the outset to charitable purposes.
- 2. Family (Private) Waqf: An endowment benefiting the founder, the founder’s descendants, both together, or any other individual(s) or their descendants, provided that it ultimately reverts to a designated charitable purpose.
- 3. Mixed Waqf: An endowment whose benefits are allocated jointly to charitable and family beneficiaries.
- 4. A testamentary disposition creating a charitable, family, or mixed waqf.
A charitable bequest is deemed a waqf unless the testator expressly provides otherwise.
Given that a waqf is binding, irrevocable, and removed from the ownership of the founder, do these legal principles apply to all types of waqf?
The answer is yes. However, the Qatari legislator has established a general rule prohibiting the conversion of a charitable waqf into a family waqf, pursuant to Article (1) of the Endowment Law.
All types of waqf must be established in a form that reflects perpetual duration. A charitable waqf remains charitable, while a family waqf converts into a charitable waqf one hundred and fifty (150) Gregorian years after the death of the founder, in accordance with Articles (13) and (21) of the Endowment Law.
The important question is whether the founder or the founder’s heirs may seek recovery of the endowed property.
The answer is that neither the founder nor the heirs may seek recovery of a waqf that has been validly established in accordance with Law No. (9) of 2021 where the waqf is charitable. In the case of a family waqf, the founder and the heirs are entitled only to the income generated by the waqf, where applicable, and not to the endowed property itself.
Are there any exceptions to the rule prohibiting recovery of endowed property by the founder or the heirs?
Yes. Article (11) of the Endowment Law provides an exhaustive list of specific circumstances in which a waqf is deemed void.
What are the grounds for invalidity of a waqf?
A waqf is void in the following five cases:
- 1. Where another person had an existing legal entitlement to the property before it was endowed.
- 2. Where the founder’s debts exceed the value of the founder’s assets, unless the creditors approve the waqf.
- 3. Where a person suffering from a terminal illness creates a waqf or testamentary disposition exceeding one-third of the estate without the consent of the heirs.
- 4. Where the founder creates a waqf exclusively for his or her own benefit without including any other beneficiary during or after his or her lifetime.
- 5. Where the purpose of the waqf is to evade debt obligations, circumvent inheritance rules, or violate the law or public order.
Accordingly, the founder may seek recovery of the endowed property where the waqf is invalid in either of the following circumstances:
- First: Where the founder established the waqf solely for his or her own benefit without naming any other beneficiary, whether in a family or mixed waqf.
- Second: Where the waqf was established to evade debts, circumvent inheritance laws, or violate the law or public order.
The heirs may also seek recovery of the waqf in the following two cases:
- First: Where a person suffering from a terminal illness establishes a waqf or testamentary disposition exceeding one-third of the estate without the heirs’ approval.
- Second: Where the purpose of the waqf is to circumvent the rules governing inheritance.
In conclusion, all forms of waqf are intended to be perpetual. As a general rule, neither the founder nor the founder’s heirs may revoke or recover an endowed property. The only exception arises where one of the grounds for invalidity expressly set out in Article (11) of the Endowment Law has been established.
