Exchange of the endowed
334.
There shall be required for the validity of substitution and exchange that: (a)
there shall not be gross deceit in endowment by substitution;
(b)
there shall not be accusation in substitution;
(c)
the substitute and the substituted shall be identical in species, where the endower stipulates the same;
(d)
exchange shall not be by sale of the corpus for a price, which is a debt of the purchaser from the exchanger.
The beneficiary conditions
335.
For the validity by the endowment of the beneficiary, there shall be required that the same shall be: (a)
a pious act in the ordinance of Islam;
(b)
definite by name, or description;
(c)
present, where defined by name.
The endowed conditions
336.
For the validity by the endowment of the endowed there shall be required that the same shall be: (a)
Known at the time of endowment, in such way, as may negate ignorance;
(b)
Absolutely owned by the endower without option therein, at the time of endowment.
The endowment division
337.(1) Endowment shall not be divided as ownership division among the beneficiaries; and may be subject to
adaptation by mutual consent.
(2) Where the endowed is a co-owned common between the endowment and another owner, or common between
two endowments, the division may be made between the endowment and the common owner, or between the two
endowments, upon permission of the competent court.
Removal of the endowment trustee (Nazir)
338. The court may upon application of those concerned, remove the trustee (Nazir), or supervisor of the
endowment, even though he is the endower, or the one appointed on his part, where his treason is proved, or
arising of a Sharia impediment to his being assigned; and may also join others to him, where he is unable to
perform his task alone; and where the assigned, or supervisor is appointed on part of the court it may remove him,
where it deems there is what calls therefor, and may likewise temporarily assign another one pending the final
determination of the removal matter.
Retraction of the charitable endowment
339.
No retraction of the charitable endowment shall be made.
Retraction of the kinsfolk endowment
340.
An endower may retract the whole or part of his kinsfolk endowment, if retraction shall be by a Sharia
attestation, passed by the competent court.
Cases where no retraction of the endowment shall be made
341.
No retraction of endowment shall be made in any of the following cases, namely: (a)
death of the endower, the heirs have no right to retract of the testator’s endowment where it is made
satisfying its conditions;
(b)
receipt of the endowed corpus by all or some of the beneficiaries, or whoever may deputize therefor, or its
returns in the life of the endower, if there shall not be deemed bar to retraction, the seizure by the endower of the
corpus, or returns for himself, throughout his life.
(c)
Passing a judicial decree of the binding of a debtor endowment in determination of a dispute thereon.
Dissolution of kinsfolk endowment
342.
The court may dissolve the kinsfolk endowment in any of the following cases, namely: (a)
difficulty of benefiting thereby, for the great number of beneficiaries;
(b)
few returns of its yield, in such form, as may not achieve the purpose of the endower for establishment of
the endowment;
(c)
End of its corporeal in ruin and the difficulty of their repair by reason of non-co-operation, or arising of
dispute among the beneficiaries;
(d)
deprival by the endower of part of his heirs of the yield of the endowment or favoring part of them by the
allowed extent.
(159)
Distribution of the estate in case of dissolving the kinsfolk endowment
343.
Estate shall be is distributed, in case of dissolving the kinsfolk endowment after the endowed, according to
the Sharia ordinance, in respect of the heirs; and in respect of the beneficiaries, it shall take the rule of legacy.
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