Management of Waqf Funds in Libyan Law

  • Salem Milad Al-Saedi Private Law Department, Faculty of Law, Al-Zaytouna University, Tarhuna, Libya
DOI https://doi.org/10.58916/alhaq.vi.289
Published: 2025-04-01
247
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Abstract

Endowed funds require someone to preserve, care for, and manage their affairs in terms of exploitation, whether that is represented by construction, rent, or distributing the proceeds to those entitled to them, protecting them from others, preventing any aggression against them, and claiming all their rights, regardless of their hand and wherever they are found. All of this is in order for the endowment to continue for the purpose for which it was established. Therefore, it is inconceivable that an endowment could exist without a guardian. The person in charge of establishing the endowment is called the supervisor, the guardian, or the trustee. This research aims to identify and reveal the management of endowment funds through legal texts in Libyan law and sometimes compare them with other rules of Egyptian law or rules of Islamic jurisprudence in order to enable us to reveal the practical obstacles to these texts and strive to find sound practical texts that preserve endowment funds, protect them from danger and achieve sustainable development. Accordingly, I addressed the concept of endowment management in the first section and who has the authority to oversee the endowment, then to study the removal of the supervisor and his accountability. As for the second section, it was devoted to addressing the function of the supervisor, whether it was represented by renting, borrowing, or building and developing the endowment. Then the conclusion came guided by some results and recommendations to preserve endowment funds from tampering and loss.

Keywords: Management of endowment funds, Endowment Authority dismissal and accountability of the supervisor, supervisor’s job.

How to Cite

Salem Milad Al-Saedi. (2025). Management of Waqf Funds in Libyan Law . مجلة الحق للعلوم الشرعية والقانونية, 185-196. https://doi.org/10.58916/alhaq.vi.289
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Issue

v12i12025

Section

Articles

Author Biography

  • Salem Milad Al-Saedi, Private Law Department, Faculty of Law, Al-Zaytouna University, Tarhuna, Libya

    Name: Salem Milad Al-Saadi - Born in 1971 in Al-Khums, Libya.
    Telephone: 00218925712948 / 00218913692541
    Email: salim1971alsadi@gmail.com
    Faculty member at Al-Zaytouna University, Faculty of Law, Professor of Sharia and Law.
    Academic Qualifications:
    1. Third-year Institute of Readings - Specialization: The Qur'an and Its Sciences (1986) F.
    2. Diploma in Private Teachers - Specialization: Islamic Education and Arabic Language (1988) F.
    3. Bachelor of Laws (1995/1996) F.
    4. Postgraduate Diploma - Private Law (2002) F.
    5. Master's Thesis in Sharia and Law (2006) F.
    6. The applicant was promoted from Assistant Lecturer to Lecturer (2011) F.
    7/ PhD thesis in Sharia and Law, University of Sousse, Faculty of Law, Tunis, 2024.
    8/ Obtained a Certificate of Proficiency in English with a GPA of 90% from the Al-Khams Language Center, University of Marqab, for the academic year (Fall 2021/2022).
    9/ Diploma in Diplomatic Relations from the Cairo Regional Center for Training and Arbitration, 2016.
    Working Experience:
    1/ Teacher in primary and secondary education during the period (1989-2008).
    2/ Legal Advisor to the Purification Committees, Marqab Follow-up Room, 1997-1998.
    3/ Legal Advisor to the People's Committee of the Al-Maqoula Conference, 1999.
    4/ Security Squares Coordinator at the Sahel Conference, 2003-2004.
    5/ Observer or Supervisor at the Ministry of Endowments and Islamic Affairs, 1993-2011.
    6/ Judicial Assistant at the Al-Khums Primary Court (1998/1999).
    7/ Private Attorney before the Al-Khums Partial and Primary Courts.
    8/ Participating Faculty Member at Al-Asmariya University for Islamic Sciences, Faculty of Sharia and Law.
    9/ Participating Faculty Member at Nasser International University, formerly Faculty of Law.
    10/ Participating Faculty Member at Al-Marqab University, Faculty of Law, Faculty of Economics, and Faculty of Arts.
    11/ Participating Faculty Member at the University of Tripoli, Faculty of Law.
    12/ Director of the Faculty Members' Office at the Faculty of Law, Al-Zaytouna University (2011).
    13/ Sharia Notary at the Al-Khums Primary Court.
    14/ Religious Preacher, formerly affiliated with the General Administration of Sufi Zawiya and the Office of the General Authority for Endowments and Islamic Affairs - Al-Khums.
    Skills to be Acquired:
    1/ Ability to analyze logically and understand the course of daily events.
    2/ Continuous desire for personal development in all areas related to the nature of work.
    3/ The ability to find solutions to problems encountered during work.
    4/ Experience in the legal field and legal consultations.
    5/ The ability to plead before judicial bodies.
    6/ Experience teaching as a faculty member at various levels.
    7/ A graduate of a course as a consultant in diplomatic relations.
    Some of the conferences, seminars, and forums in which the candidate participated:
    1/ The 18th Round Table of Arab Professors in Universities and Higher Institutes in the Arab World and Abroad, held from 23 to 26 November 2008.
    2/ The 19th Round Table of Arab Professors in Universities and Higher Institutes in the Arab World and Abroad, held from 23 to 26 November 2009.
    3/ The First Round Table of Libyan University Professors, held from 1-2 November 2009.
    4/ The International Symposium on the Problem of Authority between Authoritarianism and Liberation, Garyounis University, held from 23 to 25 Spring 2009.
    5/ The First Scientific Conference on the Rooting of the Humanities, Zawiya University, held from 23 to 25 April 2009.
    6/ The Scientific Conference on the Humanities and Their Impact on Human Development, held at Sabha University from 20 to 22 January 2009.
    7/ The Sixth Symposium on Human Rights, organized by the Center for Research and Studies at the Secretariat of the former General People's Congress in Libya, held from 12 to 13 Summer 2009.
    8/ The Symposium on the Right of Peoples to Compensation for the Colonial Era, held in Nouakchott, Mauritania, held on 18 January 2010.
    9/ The Round Table on the United Nations General Assembly, held in Nouakchott, Mauritania, held on 20 January 2010.
    10/ The scientific symposium, titled "How to Achieve Democracy, Development, and Political Stability in Africa," organized by the International Center for Studies and Research on December 13, 2010.
    11/ The scientific symposium, titled "The Human Right to Life in a World Free of Weapons of Mass Destruction," organized by the Center for Studies and Research, affiliated with the General People's Congress Secretariat, on May 31, 2009.
    12/ The scientific symposium, "African Union Priorities for the Establishment of a United States of Africa," held at the University of Sebha on July 19, 2009.
    13/ The twentieth session of the roundtable of Arab professors inside and outside the Arab world, held on July 23, 2010.
    14/ The scientific symposium, organized by the Planning Council in the Marqab District, on December 7, 2010.
    15/ The First Scientific Conference (The Role of Faculties of Education in Human Development) held at Janzour College, University of Tripoli, in cooperation with the General Assembly of the Faculty of Education at the Association of Arab Universities, on April 25, 2011.
    16/ The Scientific Conference on Islamic Standards for Educational Institutions (Islamic Reform Assembly), University of Tripoli, Lebanon, on May 1, 2009.
    17/ The Second International Conference on Scientific Educational Studies, Faculty of Education, Wadi al-Shati University, held on December 4, 2024.
    18/ The International Scientific Conference entitled "Values ​​in Confronting Disasters: From Crises to Reconstruction," organized by the Center for Social Studies, held on December 18, 2024.
    19/ The Fifth International Scientific Conference on Marine Science Technology, organized by the Higher Institute of Marine Science Technology, Sabratha, held on February 4, 2025.
    20/ The Scientific Conference entitled "The Fuel Support Program: Solutions and Challenges," organized by the Libyan Authority for Scientific Research, held on December 17, 2024.

    21/ The First International Conference on E-Health and Telemedicine, organized by the Libyan Society for E-Health and Telemedicine

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