Endowment Rules

Endowment Rules

Based on Article 36 of the Statute of the Waqf Directorate, the Board of Directors of the Waqf Directorate, at its 2nd regular session held on January 18, 2022, adopted the

RULES ON ENDOWMENT (WAQF)

Article 1.

These rules regulate the issue of endowment (waqf) of immovable and movable property, the procedure for conducting the endowment, the issuance of a waqfname, the maintenance of a unified register of endowments, and the Book of Endowers.

SUBJECT OF ENDOWMENT

Article 2.

(1) In accordance with these Rules, the subject of endowment may be:

  • Immovable property and
  • Movable property

(2) The endower (waqif) may be a natural person, a legal entity, a group of natural persons, or a group of legal entities.

1. Immovable Property

(1) Upon the expressed wish and intention of an endower who wishes to endow a part of their immovable property, the endower submits a written request for endowment to the local congregation (jamaat), the council of congregations (Majlis), or another institution of the Islamic Community in Bosnia and Herzegovina, which includes:

  • Precise specification of the real estate to be endowed,
  • The unequivocally expressed will of the endower to endow the specified real estate,
  • The conditions set by the endower (purpose, goal, distribution of income, etc.),
  • Proof of ownership of the real estate to be endowed,
  • Signature of the endower.

(2) After submitting the written request, the Majlis or another institution of the Islamic Community within whose jurisdiction the waqf is located examines the justification of the proposed endowment, which includes:

  • Ensuring the real estate to be endowed is free of encumbrances (that it is in ownership and actual possession, verified by land registry and possession records, and that there are no legal disputes or obligations related to the property),
  • Assessing whether the endowed real estate can serve the purposes desired by the endower and whether the endowment is in the interest of the Islamic Community in Bosnia and Herzegovina.

Article 4.

(1) If the Majlis or another institution of the Islamic Community in Bosnia and Herzegovina to which the endowment request is submitted accepts the proposal as justified, it forwards the request to the Waqf Directorate for the implementation of the endowment procedure.

(2) The Majlis or institution submits the request along with the documentation defined in Article 3 of these Rules.

(3) Based on the submitted request and documentation, the Waqf Directorate provides an opinion and recommendation on the justification of the endowment.

(4) If necessary, representatives of the Waqf Directorate may conduct an on-site inspection to establish the factual situation.

(5) The Waqf Directorate may request an opinion from the relevant muftiate regarding a particular endowment if deemed necessary due to the specific nature of the case.

(6) The Waqf Directorate submits the established proposal to the Council of Muftis for the final decision.

(7) The proposal from the Waqf Directorate includes:

  • Required data from Article 3 of these Rules,
  • The opinion of the Waqf Directorate,
  • A proposal for a resolution on the endowment to be adopted by the Council of Muftis.

(8) In the process of endowment, the endowed property shall be registered under: Islamic Community in Bosnia and Herzegovina - Majlis Islamic Community ____ (name of Majlis) - Waqf ______ (name of waqf).

(9) If the endowment is made in favor of another body or institution of the Islamic Community in Bosnia and Herzegovina, the name of that body or institution shall be used instead of the Majlis.

(10) The body responsible for implementing the resolution of the Council of Muftis on endowment is the Waqf Directorate, the Majlis, or another institution of the Islamic Community in Bosnia and Herzegovina in whose favor the endowment is made.

Article 5.

(1) Once the Council of Muftis makes a final decision on the endowment, the resolution is forwarded to the Waqf Directorate and the Majlis or institution of the Islamic Community in Bosnia and Herzegovina in whose favor the endowment is made.

(2) The Majlis or institution in whose favor the endowment is made must sign a notarized gift agreement with the endower, except in cases of testamentary endowment, and subsequently register the ownership change in accordance with the resolution of the Council of Muftis.

(3) In cases of urgent necessity, the Majlis or institution may sign the gift agreement with the endower before completing the endowment procedure, provided that the procedure is initiated within 3 working days from the signing of the agreement.

(4) The Waqf Directorate and the Majlis or institution of the Islamic Community in Bosnia and Herzegovina in whose favor the endowment is made will assess the urgency of the endowment.

(5) The Majlis or institution must provide proof of ownership registration changes to the Waqf Directorate.

(6) Upon receiving proof of ownership changes, the Waqf Directorate issues the waqfname to the endower.

(7) The waqfname (waqf deed) is a unilateral declaration of will be prepared under the supervision of the Waqf Directorate, in a strictly prescribed format, and signed by the endower.

(8) The waqfname must include:

  • The opening with "Bismillah," praise to Allah, and salutations upon the Prophet (peace be upon him),
  • Precise specification of the endowed property and the conditions set by the endower (purpose, goal, income distribution, etc.), which must not contradict the endower's original will,
  • The handwritten signature of the endower,
  • Certification and signature of the Waqf Directorate.

Article 6.

(1) The procedure for drafting a waqfname is as follows:

  • After the final decision on the endowment is made, the Waqf Directorate drafts a proposed text of the waqfname in accordance with these Rules and submits it to the waqif.
  • The waqif, after reviewing the text of the waqfname, signs it, certifies the signature, and submits it to the Waqf Directorate. After the waqif's signature, the Waqf Directorate certifies and signs the waqfname.
  • The waqfname is prepared in two identical copies, one of which is given to the waqif, while the other remains in the waqfname collection maintained by the Waqf Directorate.

Article 7.

(1) The original waqfname is kept in the waqfname collection, and copies may be issued for third-party needs.

(2) A copy of the waqfname contains the full text of the original, with the designation "copy of the original" and is signed by the Director of the Waqf Directorate.

Article 8.

(1) The endowment procedure fully applies to endowments made through a will, except in terms of signing a gift contract.

(2) After the will is declared by the competent authority, and in accordance with these Rules, a waqfname is prepared, which is signed on behalf of the waqif by the Director of the Waqf Directorate.

2. Movable Property

Article 9.

Movable property that can be endowed includes monetary funds, securities, and other movable property that, in accordance with the Rules, is deemed suitable for endowment.

a) Monetary Funds

Article 10.

(1) A waqif who endows a specific amount of money receives a certificate from the Majlis or another institution of the Islamic Community in BiH, specifying the benefit and purpose of the endowment.

(2) A copy of the certificate is sent by the Majlis or another institution of the Islamic Community in BiH to the Waqf Directorate.

(3) Upon receiving the certificate, the Waqf Directorate prepares a waqfname.

(4) The waqfname is prepared in two identical copies, one of which is given to the waqif, while the other remains in the waqfname collection maintained by the Waqf Directorate.

b) Other Movable Property

Article 11.

(1) If a waqif wishes to endow part of their movable assets, they must submit a written request to the Majlis or another institution of the Islamic Community in BiH, which includes:

  • A precise description of the item to be endowed,
  • The waqif's conditions for the endowment,
  • Proof of ownership of the asset,
  • The waqif's signature.

(2) Upon submission of the written request, the Majlis or relevant institution of the Islamic Community examines the justification of the endowment, ensuring that:

  • The movable asset is owned by the waqif,
  • The movable asset is not contrary to Sharia regulations,
  • The asset serves the purposes intended by the waqif.

Article 12.

(1) Based on the report from the Majlis or another institution of the Islamic Community, the decision to approve the endowment of movable property is made by the Administrative Board of the Waqf Directorate.

(2) Once the Administrative Board of the Waqf Directorate approves the endowment, the Waqf Directorate prepares a waqfname.

(3) The waqfname is prepared in two identical copies, one of which is given to the waqif, while the other remains in the waqfname collection maintained by the Waqf Directorate.

Article 13.

The Council of Muftis, upon the proposal of the Waqf Directorate, shall adopt a special decision determining the minimum amount of endowment for which a waqfname will be issued, making a distinction between BiH and the diaspora, depending on the location of the endowment.

WAQIF BOOK - ENDOWMENT REGISTER

Article 14.

(1) The Waqf Directorate maintains a register of all endowments made since its re-establishment in 1996.

(2) Each endowment is recorded in the Waqif Book.

(3) The Waqf Directorate maintains a Waqif Book for each calendar year.

(4) The Waqif Book contains the following elements: the date of the endowment, the name of the waqif, the type of endowment, the amount of endowment if it concerns movable property, land registry data of the endowed real estate, the waqif's conditions, the number of the issued waqfname, and the institution or body in favor of which the endowment was made.

(5) The Waqf Directorate also maintains an electronic Waqif Book, containing the elements listed in the previous paragraph.

(6) The Waqf Directorate keeps a separate register, i.e., Waqif Book, for both immovable and movable property.

Article 15.

Each Majlis or institution of the Islamic Community in Bosnia and Herzegovina is obligated to maintain a Waqif Book in its area, containing all elements included in the Waqif Book maintained by the Waqf Directorate.

Article 16.

One copy of the original waqfname, along with the complete case file on the endowment, is permanently archived and stored by the Waqf Directorate.

Article 17.

(1) Based on the data from the Waqif Book, and upon the request of an interested party, the Waqf Directorate may issue certificates confirming the endowment of a specific property.

(2) The certificate contains the elements recorded in the Waqif Book.

LATE ISSUANCE OF WAQFNAMES

Article 18.

(1) A Majlis or institution of the Islamic Community in BiH may submit a request for the issuance of a waqfname for properties endowed before 1996, provided they submit proof of the endowment.

(2) The Waqf Directorate will review each request individually and make a decision accordingly.

(3) If necessary, the Waqf Directorate may seek the prior opinion of the relevant Muftiate and the Council of Muftis on specific cases.

TRANSITIONAL AND FINAL PROVISIONS

Article 19.

The implementation of these Rules falls under the jurisdiction of the Waqf Directorate and the relevant Majlis or institution of the Islamic Community in BiH in whose favor the endowment is made.

Article 20.

Upon the entry into force of these Rules, the Rules on Endowment No. 09-03-2-192/11 of 04.03.2011, as well as the Decision of the Riyasat of the Islamic Community in BiH on the method of registration of waqf property No. 01-04-1-3567/12, shall cease to be in effect.

Article 21.

The Rules on Endowment come into effect upon approval by the Riyasat of the Islamic Community in Bosnia and Herzegovina and the Council of Muftis.

Chairman of the Board of Directors

Edhem Bičakčić, B.Sc. Electrical Engineering