(b)
be perpetual;
(c)
not be subject to a condition inconsistent with the endowment rule.
Divisions of endowment
322.
Endowment shall be divided into three divisions, as follows: (a)
charitable endowment, the benefits of which are allocated to charity in the first instance;
(b)
kinsfolk endowment, the benefits of which are allocated in the first instance to the endower himself, or any
definite person, or persons then to charity body, upon definition of the beneficiaries;
(c)
joint endowment, the benefits of which are allocated to posterity and the charity body together.
Conditions of validity of endowment
323.
For endowment validity there shall be required that the endower shall: (a)
be adult, sane and has the capacity of donation;
(b)
Not be interdicted for spendthrift or simplicity.
Conditions of effectiveness of endowment
324.
There shall be required for endowment effectiveness that the endower shall not be: (a)
interdicted by reason of religion;
(b)
in the death bed.
What may be endowed
325.
(1) Every valuable property may be endowed, whether it is a real estate or moveable or what is customarily
endowed.
{2) The endowed extent of the real estate shall be partitioned or independent by itself and not co-owned in
undivided shares, where it is a mosque or cemetery.
The ten conditions right
326.
(1) The endower may stipulate for himself, or others the right of giving, deprival, joinder, disjoinder,
increase and decrease, change and alteration, substitution and exchange and he or such others, may use this right,
as set forth in attestation of the endowment.
(2) The endower may change in the aspects of expenditure of the endowment or its conditions even though he has
deprived himself in the first instance.
Attestation of the endowment and change of aspects of its expenditure or conditions
327.
The endowment and the change in aspects of its expenditure, or conditions shall be made by an attestation
before the competent court, in accordance with the Sharia ordinances.
Registration of real estate endowment
328.
Where the endowed is a real estate, registration shall be made at such body, as may be specified by the
laws, pertaining thereto, in application of the law.
Appointment and change of the endowment trustee (Nazir)
329.
The endower may appoint and change the endowment trustee {Nazir) even though he doesn't stipulate this
for himself, at the time of endowment.
Mosque endowment
330.
(1) No change shall be made in the mosque endowment, and nor in what it has been endowed for.
(2) The provisions of sections 327 and 328 shall not apply to the mosque endowment where it is already
established, and the rites have been performed therein.
Unconsidered conditions
331.
(1) There shall not be considered every condition, which is in contravention of Sharia ordinance, or
imposes disruption of the interest of the endowment, or loss of the interest of beneficiaries.
(2) Where endowment is subject to an invalid condition, the endowment shall be valid, and the condition shall be
void.
Understanding and interpretation of the endowment conditions
332.
{1) The condition of the endower shall be like the Legislators text in understanding and denotation.
{2) The court, upon requirement, may interpret the endower's conditions, in such way, as may be compatible with
the denotation thereof.
Post humous endowment
333.
The provisions of legacy shall apply to post humous endowment.
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