By: Alaa Abu Anas
One might hold a Waqf certificate and believe the Waqf file is complete, only to be surprised when reviewing a certain entity that the required document is the deed, not the certificate.
So, does the Waqf certificate suffice instead of the deed?
The short answer: No.
This is where one of the most common misconceptions in the field of endowments arises: the belief that the deed and the Waqf certificate serve the same purpose. However, the truth is that each has a different function that the other cannot fulfill.
The deed is the document that originally proves the right, whether it is a title deed, a Waqf deed, a deed appointing a trustee, or other deeds issued by the Ministry of Justice. It is the Sharia and regulatory reference upon which all subsequent procedures are based.
As for the Waqf certificate, it is a document issued by the General Authority for Waqf after the Waqf is registered in its systems. It aims to identify the Waqf, link it to its official data, and prove its registration with the authority, thereby facilitating dealings with government entities and benefiting from electronic services.
The General Authority for Waqf issues a number of certificates as needed, most notably:
1. Certificate of Waqf Identification.
2. Certificate of Waqf Registration.
3. Certificate of Waqf Trustee.
4. Financial certificates related to income or yield.
From practical experience, many issues do not arise from a lack of documents, but rather from confusion between the function of the deed and the function of the Waqf certificate. It is believed that obtaining a Waqf certificate replaces the deed, or that the existence of the deed makes the certificate unimportant. However, both perceptions are incorrect.
The deed is the original legal and regulatory proof, while the Waqf certificate is an identification and administrative document that completes the digital system of the Waqf. Each has an independent role that cannot be substituted for the other.
Conclusion:
If you want to summarize the difference between them in one sentence, remember this rule:
The deed proves the right... and the Waqf certificate identifies it.
Therefore, the Waqf certificate cannot be a substitute for the deed, just as the existence of the deed does not make the Waqf certificate unnecessary when it is required in regulatory procedures. They are two complementary documents; the preservation of the Waqf begins with the deed, and its organization is completed with the Waqf certificate, and each has a role that cannot be dispensed with.
Regulatory References:
1. General Authority for Waqf: Waqf registration services and issuance of Waqf certificates.
2. Ministry of Justice (Najiz): Real estate deeds, Waqf deeds, and deeds appointing trustees.
3. Law of the General Authority for Waqf and its implementing regulations.
4. Laws and regulations governing the proof of endowments and trusteeship.
5. Waqf platform and related electronic services.
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