Illicit Actions Involving Endowed Assets (The Endowments of Al-Bayda and Shahhat as a Case Study)

Abstract

This study investigates unlawful dispositions of endowed properties, specifically focusing on waqf (endowment) properties in the Libyan cities of Al-Bayda and Shahhat as case studies. The research is structured into an introduction and two main sections. The introduction reviews the concept of waqf and its underlying wisdom. The first section then examines dispositions of waqf through sale and lease, divided into two subsections: the ruling on selling endowed real estate or movable property, and the ruling on long-term leasing of waqf assets. The second section addresses the rulings on unlawful dispositions of waqf properties. This section also has two subsections: the first discusses the ruling on encroachment upon waqf assets, and the second analyzes unlawful dispositions of waqf properties based on records from the waqf offices in Al-Bayda and Shahhat. The study concludes with several key findings, notably the prohibition of disposing of or encroaching upon waqf property, despite the occurrence of such violations and unlawful dispositions within the study's scope. The research recommends that relevant authorities establish mechanisms to ensure the protection, development, and growth of waqf assets