AI en Translation, Pages 1-25
Page 3
Subject - Appointment of Trustees for Community Endowments
His Excellency the Governor of Personal Status in Baghdad, the Respected
Baghdad
It is not hidden from Your Excellency that since the re-establishment of the courts in Iraq in the year 1917 to
this date, the Personal Status Courts have been ordering the appointment of trustees over the community endowments whose
expenditure of revenue is stipulated for the charitable causes of those communities, and they issue a deed appointing the persons stipulated
for the trusteeship according to an existing and applicable endowment deed, or due to a fixed practice in a legal manner, or according to
the special laws of those communities without the need to issue a Royal Decree for the trusteeship, and they perform this
based on their jurisdiction to look into cases of community endowments according to Article 79 of the Basic
Law and Article 11 of the Courts Proclamation of 1917.
During my recent review as an agent for the Presidency of the Jewish Community in Baghdad regarding such trusteeships,
a discussion took place as to whether the Regulation for the Direction of Positions issued on 2 Ramadan 1331 AH corresponding to
23 July 1329 includes community endowments, and if it includes them, the court's authority would be limited
to directing the trusteeship, and the appointment order would be completed by a Royal Decree according to the text of Article 4 of the aforementioned
regulation.
Upon reviewing the regulation referred to above, it was found that it was based on the Regulation for the Administration of Endowments
dated 19 Jumada al-Akhir 1280, which was repealed and replaced by the Endowment Administration Law No. 27
of 1927, and it is understood from the aforementioned law that the Regulation for the Direction of Positions applies to
Islamic endowments managed by the Directorate of General Endowments, which, in view of Article 2 of
the aforementioned law, are limited to the following:-
a - All controlled endowments, whether valid or invalid, including roofed properties, exploited lands,
charitable institutions, and endowed movables.
b - Endowments of the Two Holy Mosques.
c - Endowments whose trusteeship is dissolved by the death of the trustee or his dismissal, or which are disputed until the time of
directing the trusteeship according to the Sharia rulings and the Regulation for the Direction of Positions.
As for all other endowments managed by trustees for whom the trusteeship is stipulated, they are outside the scope of
the Regulation for the Direction of Positions, including family (dhurri) endowments, as Article 4 of the aforementioned law
restricted the function of the Minister of Endowments regarding family endowments to registering them and preventing the conversion of the endowment into private property,
and filing lawsuits in the competent courts if he becomes aware of a conversion occurring. Thus, the trusteeship over
To be continued
Page 4
- 2 -
Family endowments (Awqaf) fall under the jurisdiction of the Directorate of General Endowments and the provisions included in the Regulation for the Direction of
Functions. In view of the lack of competence of the aforementioned Directorate in managing such endowments, as well as the endowments of
communities, including the endowments of the Jewish community in Baghdad, they are outside the provisions
included in the Regulation for the Direction of Functions, as the Directorate of General Endowments does not manage them nor does it have the right
of accounting and supervision over them, since this right was entrusted to the community's institutions according to the provisions of
Article 7 of the Law of the Jewish Community in Baghdad No. 77 of 1931 and Article 21
of Regulation No. 36 of 1931.
In view of the above, and since the endowments of the communities are managed or supervised by the community administration itself
pursuant to its own special laws and are not managed by the Directorate of General Endowments, they are outside the provisions
included in the Regulation for the Direction of Functions. Therefore, the appointment of trustees (Mutawallis) over such endowments is carried out
directly by the Personal Status Courts according to their jurisdiction under Article 11 of
the Courts Proclamation of 1917.
I hereby attach the texts of the articles relating to the appointment of trustees and the relevant legal provisions
pertaining to this subject for ease of reference and to decide on the case as your esteemed court sees fit.
With highest respect to your Excellency,
Lawyer Sion Shuaa Gigi
Page 5
System for Directing the Jihad (Religious Positions)
Issued on 2 Ramadan 1331 and 23 July 1329
⟦line⟧
Articles related to the appointment of the Mutawalli (Trustee)
Article 1 - The name 'Jihad' is given to the services of endowment institutions such as teaching, preaching, leading prayer, custodianship,
preservation, and trusteeship.
Article 2 - The Jihad are of two types: one is the Jihad whose performance of duties depends on the attainment of knowledge,
and they are called scientific Jihad, such as teaching, preaching, leading prayer, book preservation, and tax collection. The second type relates
to labor and craft and does not require the attainment of knowledge, and they are called physical Jihad, such as custodianship, cleaning, and service of shrines.
Article 3 - All Jihad, whether scientific or physical, are directed either conditionally or unconditionally,
meaning the condition of the endower.
Article 4 - Amended by Regulation No. 22 of 1950
The direction of the positions of leading prayer, preaching, teaching, sheikhdom, and trusteeship is carried out by Royal Decree, while other positions
are directed by a decision from the Scientific Council and the approval of the Endowment Advisory Council only. The General Director of Endowments may transfer
holders of scientific positions from one place to another by a decision of the Advisory Council when necessity dictates so,
with the exception of trustees and those with positions conditioned to their persons.
Article 6 - Conditional positions are directed according to their legal principles to the person for whom they were conditioned and whose
competence is verified.
Article 7 - Compliance with the endower's condition is not mandatory in directing positions in invalid endowments; rather, they are directed
like unconditional positions.
Article 24 - The trusteeship of the endower is directed according to what the endowment deed requires if it exists and is in effect,
or according to what custom requires if it is verified in a legal manner. As for the endowment for which there is no
effective endowment deed and no custom verified in a legal manner, its trusteeship shall not be directed to anyone, but its affairs shall be entrusted to
the Ministry of Endowments.
Page 6
Endowments Administration Law No. (27) of 1929
⟦line⟧
Article One - Valid Endowments - are those whose ownership was private and then endowed to a specific entity.
Invalid Endowments - are those whose ownership was state-owned (Amiri) and the rights of disposal, or its rent,
or its fees, or its tithes, or all of the rights of disposal, fees, tithes, and rent are endowed and allocated to a specific
entity.
Controlled Endowments - are endowments that have devolved to charities and the trusteeship is not stipulated
for anyone, nor is there an old practice governing them.
Endowments of the Two Holy Mosques - are endowments whose yield is stipulated for the two Holy Mosques in Mecca
and Medina, or to one of them, or to the poor of Mecca or Medina. Except for the endowments of the Aghas which are stipulated for them
by the endowers.
Attached Endowments - are those managed by trustees and the expenditure of their yield or a part
of it is stipulated for places of worship or for a charitable entity.
Lineal Endowments and Non-Attached Endowments - are endowments whose yield is stipulated for those
appointed from his descendants or others.
Article Two - The Minister of Endowments shall manage:-
(a) - All controlled endowments, whether valid or invalid, including roofed properties, exploited lands, charitable institutions,
and endowed movables.
(b) - Endowments of the Two Holy Mosques.
And likewise manages temporarily:-
(c) - Endowments whose trusteeship becomes vacant due to the death of the trustee or his dismissal or remains vacant until the time of appointment
according to Sharia rulings and the system of directing entities.
Article Three - The Minister supervises valid or invalid attached endowments, charitable institutions, and exploited lands,
revenues, and expenditures, holds their trustees accountable, and collects five percent of the surplus of their revenues in exchange for that supervision.
Article Four - The function of the Minister of Endowments regarding lineal endowments is limited to registering them according to Article Five
of this law, preventing the conversion of the endowment into private property, and filing lawsuits before the competent courts if he becomes aware of such conversion.
Article Five - The Minister of Endowments may register, without a fee, all endowment deeds, Sharia documents, and Tabu deeds
relating to endowments, old and new, in special registers.
Article Fourteen - The Endowments Administration System dated 19 Jumada al-Akhira 1280 is repealed, as are all
provisions of laws and regulations that contradict this law.
As for the system of directing entities and the tariff of expenses, they shall remain in force within the provisions of this law.
Page 7
Functions of the Civil Courts
Statement of the Courts for the year 1917
Article (11) The Civil Courts shall consider - in addition to the civil and commercial matters
which they have considered until now - lawsuits related to marriage, divorce,
wills, family matters, interdiction, inheritance, gifts, ⟦and endowments⟧ and the like of what
is expressed hereinafter as personal matters, with the exception of what pertains to the
Sharia Courts, and shall adjudicate those lawsuits;
Page 9
Law of the Israelite Community No. 77 of 1931
Article Seven
The functions of the Lay Council are:
1- Supervising the management of estates, properties, and endowed assets for charitable purposes.
2- Managing schools and charitable institutions.
3- Managing all matters related to expenditure and revenue, including the collection of community
fees and entitlements, and the appointment and dismissal of employees.
4- Exercising all powers granted to the Council by the regulations.
Page 10
Lawyer
Sion S. Jiji
ADVOCATE
SION S. JIJI
No. 30/240 As-Samawal Street
Baghdad.
Khan Al-Shabandar 30/240 Al-Samawal Street
Office 83759
Residence 7468
TEL. No. { OFFICE 83759 RESIDENCE 7468
Telephone Number {
Date: 9 April 1956
Subject - Appointment of the Trustee over the Community Endowments
His Excellency the President of the Jewish Community, Respected
Baghdad
Greetings and respect,
Upon my recent review with the Court of Personal Matters in Baghdad regarding the request to appoint Your Eminence as a trustee
over the Sir Elie Kadoorie Endowment specifically for the Blind Welfare Home, His Excellency the Judge hesitated to issue
the appointment certificate, and a discussion took place with him as to whether the Regulation for Directing Positions covers the community endowments
or not? If it does, the court's authority would be limited to issuing a certificate for directing the trusteeship only,
and the appointment would be completed by issuing a Royal Decree in accordance with the amended Article 4 of the Regulation for Directing Positions. I
opined that this regulation does not cover the community endowments; therefore, I requested His Excellency the Judge to provide the legal opinion
that supports this view. Accordingly, I have drafted the attached legal opinion, and I hope it can be presented to His Excellency
Professor Daoud Samra for review before it is submitted.
With highest respect to Your Excellency,
Lawyer Sion Shoa Jiji
⟦signature⟧
Page 11
Lawyer
Sion Hayhi
Telephone 410
Subject - Guardianship of Community Endowments
His Excellency the Governor of Personal Status in Baghdad, Respected
Baghdad
It is not hidden from Your Excellency that since the re-establishment of the courts in Iraq in 1917 to
this date, the Personal Status Courts have been handling the matter of appointing guardians over the conditional community endowments
whose revenue is spent on the charitable causes of those communities, and they issue a deed appointing the persons for whom
the guardianship is stipulated according to an existing and effective endowment deed, or due to established legal practice, or according to
the special laws of those communities without the need to issue a Royal Decree for the guardianship, and they do so
based on their jurisdiction to look into cases of community endowments according to Article 79 of the
Basic Law and Article 11 of the Courts Proclamation of 1917.
Upon my recent review as an agent for the Presidency of the Jewish Community in Baghdad regarding such guardianships,
a discussion took place as to whether the Regulation for the Direction of Positions issued on 2 Ramadan 1231 AH corresponding to
23 July 1329 includes community endowments, and if it includes them, the court's authority would be limited
to directing the guardianship, and the appointment order would be completed by a Royal Decree according to the text of Article 4 of the aforementioned
regulation.
Upon reviewing the regulation referred to above, it was found that it was based on the Endowment Administration Regulation
dated 19 Jumada al-Akhira 1280, which was repealed and replaced by the Endowment Administration Law No. 27
of 1927, from which it is understood that the Regulation for the Direction of Positions applies to
Islamic endowments managed by the Directorate of General Endowments, which, according to Article 2 of
the aforementioned law, are limited to the following:
A - All controlled endowments, whether valid or invalid, including roofed properties, utilized properties,
charitable institutions, and endowed movables.
B - Endowments of the Two Holy Mosques.
C - Endowments whose guardianship is dissolved by the death or dismissal of the guardian, or those in dispute until the time
of directing the guardianship according to Sharia rulings and the Regulation for the Direction of Positions.
As for all other endowments managed by guardians for whom guardianship is stipulated, they are outside the scope of
the Regulation for the Direction of Positions, including family endowments, as Article 4 of the aforementioned law
restricted the function of the Minister of Endowments regarding family endowments to registering them and preventing the conversion of the endowment into private property,
and filing lawsuits in the competent courts if he becomes aware of such a conversion. Thus, the guardianship over
To be continued
Page 12
- 2 -
Family endowments (Awqaf) fall under the jurisdiction of the Directorate of General Endowments and the provisions included in the Regulation for the Direction of
Functions. In view of the lack of jurisdiction of the aforementioned Directorate in managing such endowments, as well as the endowments of
communities, including the endowments of the Jewish community in Baghdad, they are outside the provisions
contained in the Regulation for the Direction of Functions, as the Directorate of General Endowments does not manage them, nor does it have the right
of accounting and supervision over them, since this right was entrusted to the community's institutions according to the provisions of
Article 7 of the Law of the Jewish Community in Baghdad No. 77 of 1931 and Article 21
of Regulation No. 36 of 1931.
In view of the above, and since the endowments of the communities are managed or supervised by the community administration itself
according to its own laws and are not managed by the Directorate of General Endowments, they are outside the provisions
contained in the Regulation for the Direction of Functions. Therefore, the appointment of trustees (Mutawallis) over such endowments is carried out
directly by the Personal Status Courts according to their jurisdiction under Article 11 of
the Courts Proclamation of 1917.
I hereby attach the texts of the articles related to the appointment of trustees and the relevant legal provisions
pertaining to this subject for ease of review and to decide on the case as your esteemed court sees fit.
With highest respect to your Excellency,
Lawyer Sion Shoa' Giji
Page 14
Endowments Administration Law No. (27) of 1929
Article One - Valid Endowments - are those whose ownership was private and then endowed to a specific entity.
Invalid Endowments - are those whose ownership was state-owned (Amiri) and the rights of disposal, tithes,
fees, or both disposal rights, fees, tithes, and land rent are endowed and allocated to a specific
entity.
Controlled Endowments - are endowments that have devolved to charities and the trusteeship is not stipulated
for anyone, nor is there an old practice governing them.
Endowments of the Two Holy Mosques - are endowments whose revenues are stipulated for the two Holy Mosques in Mecca
and Medina, or to one of them, or to the poor of Mecca or Medina. Except for the endowments of the Aghas which are stipulated for them
by the endowers.
Attached Endowments - are those managed by trustees and whose revenues or a part thereof are stipulated
to be spent on places of worship or a charitable entity.
Family Endowments and Non-Attached Endowments - are endowments whose revenues are stipulated for those
designated from the endower's descendants or others.
Article Two - The Minister of Endowments shall manage -
(a) - All controlled endowments, whether valid or invalid, including roofed properties, exploited lands, charitable institutions,
and endowed movables.
b) - Endowments of the Two Holy Mosques.
And likewise, shall manage temporarily -
c) - Endowments whose trusteeship becomes vacant due to the death or dismissal of the trustee, or if there is a dispute over it until the time of appointment
according to Sharia rulings and the system for directing entities.
Article Three - The Minister shall supervise valid or invalid attached endowments, charitable institutions, exploited lands,
revenues, and expenditures, and shall hold their trustees accountable and collect five percent of the surplus revenue in exchange for that supervision.
Article Four - The function of the Minister of Endowments regarding family endowments is limited to registering them according to Article Five
of this law, preventing the conversion of the endowment into private property, and filing lawsuits in competent courts if such conversion is known to have occurred.
Article Five - The Minister of Endowments may register, without a fee, all endowment deeds, Sharia documents, and title deeds
pertaining to endowments, both old and new, in special registers.
Article Fourteen - The Endowments Administration System dated 19 Jumada al-Akhira 1280 and all
provisions of laws and regulations that contradict this law are repealed.
As for the system for directing entities and the expenditure tariff, they shall remain in force within the provisions of this law.
Page 17
Law of the Israelite Community No. 77 of 1931
Article Seven
The functions of the Lay Council are:
1- Supervising the management of estates, properties, and endowments held for charitable purposes.
.
2- Managing schools and charitable institutions.
3- Managing all matters related to expenditure and revenue, including the collection of community fees
and entitlements, and the appointment and dismissal of employees.
.
. 4- Exercising all powers granted to the Council by the regulation.
Page 18
April 9, 1956
Subject - Appointment of trustees for the community's endowments
⟦line⟧
His Eminence, the respected Head of the Jewish Community
Baghdad
Greetings and respect,
Upon my recent review with the Court of Personal Status in Baghdad regarding the request to appoint Your Eminence as a trustee
over the Sir Elly Kadoorie endowment specifically for the Home for the Blind, His Excellency the Judge hesitated to issue
the appointment certificate, and a discussion took place with him as to whether the Regulation for the Direction of Religious Positions covers the community's endowments
or not? If it does, the court's authority would be limited to issuing a certificate for the direction of the trusteeship only,
and the appointment would be completed by issuing a Royal Decree in accordance with the amended Article 4 of the Regulation for the Direction of Religious Positions. I
opined that this regulation does not cover the community's endowments; therefore, I requested His Excellency the Judge to provide a legal opinion
supporting this view. Accordingly, I have drafted the attached legal opinion, and I hope it can be presented to His Excellency
Professor Daoud Samra for his review before it is submitted.
With highest respect to Your Eminence.
Lawyer Sion Shohet Hayhay
Page 19
Subject - Appointment of Trustees for Community Endowments
His Excellency the Judge of Personal Status in Baghdad, Respected
Baghdad
It is not hidden from Your Excellency that since the re-establishment of the courts in Iraq in 1917 to
this date, the Personal Status Courts have been ordering the appointment of trustees over the conditional community endowments
whose proceeds are spent on the charitable causes of those communities, and they issue a deed appointing the persons stipulated
for the trusteeship according to an existing and applicable endowment deed, or due to a fixed practice in a legal manner, or according to
the special laws of those communities without the need to issue a Royal Decree for the trusteeship, and they do so
based on their jurisdiction to look into community endowment cases according to Article 79 of the
Basic Law and Article 11 of the Courts Proclamation of 1917.
During my recent review as an agent for the Presidency of the Jewish Community in Baghdad regarding such trusteeships,
a discussion took place as to whether the Regulation for the Granting of Positions issued on 2 Ramadan 1331 AH corresponding to
July 23, 1329 [Rumi] includes community endowments, and if it includes them, the court's authority would be limited
to recommending the trusteeship, and the appointment order would be completed by a Royal Decree according to the text of Article 4 of the aforementioned regulation
above.
Upon reviewing the regulation referred to above, it was found that it was based on the Endowment Administration Regulation
dated 19 Jumada al-Akhira 1280, which was repealed and replaced by the Endowment Administration Law No. 27
of 1927, and it is understood from the aforementioned law that the Regulation for the Granting of Positions applies to
Islamic endowments managed by the Directorate General of Endowments, which, according to Article 2 of
the aforementioned law, are limited to the following:
A. All controlled endowments, whether valid or invalid, including roofed properties, exploited lands,
charitable institutions, and endowed movables.
B. Endowments of the Two Holy Mosques.
C. Endowments whose trusteeship is dissolved by the death or dismissal of the trustee, or those in dispute until the time
of granting the trusteeship according to Sharia rulings and the Regulation for the Granting of Positions.
As for other endowments managed by trustees for whom the trusteeship is stipulated, they are outside the scope of
the Regulation for the Granting of Positions, including family endowments, as Article 4 of the aforementioned law
limited the function of the Minister of Endowments regarding family endowments to registering them and preventing the conversion of the endowment into private property,
and filing lawsuits in the competent courts if he becomes aware of such conversion. Thus, the trusteeship over...
To be continued
Page 20
- 2 -
Family endowments (Awqaf) fall under the jurisdiction of the Directorate of General Endowments and the provisions included in the Regulation for the Direction of
Functions. In view of the lack of competence of the aforementioned Directorate in managing such endowments, as well as the endowments of
communities, including the endowments of the Jewish community in Baghdad, they are outside the provisions
contained in the Regulation for the Direction of Functions, as the Directorate of General Endowments does not manage them nor does it have the right
of accounting and supervision over them, since this right was entrusted to the community's institutions according to the provisions of
Article 7 of the Law of the Jewish Community in Baghdad No. 77 of 1931 and Article 21
of Regulation No. 36 of 1931.
In view of the above, and since the endowments of the communities are managed or supervised by the community administration itself
pursuant to its own special laws and are not managed by the Directorate of General Endowments, they are outside the provisions
contained in the Regulation for the Direction of Functions. Therefore, the appointment of trustees (Mutawallis) for such endowments is carried out
directly by the Personal Status Courts according to their jurisdiction under Article 11 of
the Courts Proclamation of 1917.
I hereby attach the texts of the articles relating to the appointment of trustees and the relevant legal provisions
pertaining to this subject for ease of review and decision on the case as your esteemed court sees fit.
With highest respect to your Excellency,
Lawyer Sion Shohet Gege
Page 21
Regulation for the Assignment of Positions
Issued on 2 Ramadan 1331 and 23 July 1329
⟦line⟧
Articles related to the appointment of the Mutawalli (Trustee)
Article 1 - The term 'Positions' (Jihat) refers to the services of endowment institutions such as teaching, preaching, leading prayer, custodianship,
preservation of ⟦books⟧, and trusteeship.
Article 2 - Positions are of two types: first, positions whose functions depend on the acquisition of knowledge,
called scientific positions, such as teaching, preaching, leading prayer, book preservation, and tax collection. Second, those related
to labor and craft that do not require the acquisition of knowledge, called physical positions, such as custodianship, cleaning, and shrine service.
Article 3 - All positions, whether scientific or physical, are assigned either conditionally or unconditionally,
meaning according to the condition of the endower (waqif).
Article 4 - As amended by Regulation No. 22 of 1950:
The positions of leading prayer, preaching, teaching, sheikhdom, and trusteeship are assigned by Royal Decree. As for other positions,
they are assigned by a decision of the Scientific Council and the approval of the Endowment Advisory Council only. The Director General of Endowments may transfer
holders of scientific positions from one place to another by a decision of the Advisory Council when necessity dictates so,
with the exception of trustees and those with positions conditioned to their specific persons.
Article 6 - Conditional positions are assigned according to their Sharia principles to the person specified in the condition whose
competence is verified.
Article 7 - Compliance with the endower's condition is not mandatory in assigning positions in 'irregular' (ghayr sahiha) endowments; rather, they are assigned
like unconditional positions.
Article 24 - The trusteeship of the endower is assigned according to what the endowment deed (waqfiyya) requires, if it exists and is in effect,
or according to what custom requires if it is established in a Sharia-compliant manner. As for the endowment that has no
effective endowment deed and no established Sharia-compliant custom, its trusteeship shall not be assigned to anyone; rather, its affairs shall be entrusted
to the Ministry of Endowments.
Page 22
Endowment Management Law No. (27) of 1929
⟦line⟧
Article One - Valid Endowments - are those whose ownership was private and then endowed to a specific entity.
Invalid Endowments - are those whose ownership was state-owned (Amiri) and the rights of disposal, or its rent,
or its fees, or its tithes, or both the rights of disposal, fees, tithes, and rent are endowed and allocated to a specific
entity.
Controlled Endowments - are endowments that have devolved to charities and the trusteeship is not stipulated
for anyone, nor is there an old practice governing them.
Endowments of the Two Holy Mosques - are endowments whose revenue is stipulated for the two Holy Mosques in Mecca
and Medina, or to one of them, or to the poor of Mecca or Medina. Except for the endowments of the Aghas which are stipulated for them
by the endowers.
Annexed Endowments - are those managed by trustees and whose revenue or a part
thereof is stipulated to be spent on places of worship or a charitable entity.
Lineal Endowments and Non-Annexed Endowments - are endowments whose revenue is stipulated for those
designated from his descendants or others.
Article Two - The Minister of Endowments shall manage -
(a) - All controlled endowments, whether valid or invalid, including roofed properties, exploited properties, charitable institutions,
and endowed movables.
b - Endowments of the Two Holy Mosques.
And likewise, he shall manage temporarily -
c) - Endowments whose trusteeship becomes vacant due to the death or dismissal of the trustee, or if there is a dispute over it until the time of appointment
according to Sharia rulings and the system of appointing entities.
Article Three - The Minister shall supervise valid or invalid annexed endowments, charitable institutions, and exploited properties,
revenues, and expenditures, and shall hold their trustees accountable and collect five percent of the surplus of their revenues in exchange for that supervision.
Article Four - The function of the Minister of Endowments regarding lineal endowments is limited to registering them according to Article Five
of this law and preventing the conversion of the endowment into private property and filing lawsuits in the competent courts if he becomes aware of such conversion.
Article Five - The Minister of Endowments may register, without a fee, all endowment deeds, Sharia documents, and title deeds
pertaining to endowments, both old and new, in special registers.
Article Fourteen - The Endowment Management System dated 19 Jumada al-Akhira 1280 and all
provisions of laws and regulations that contradict this law are repealed.
As for the system of appointing entities and the tariff of expenses, they shall remain in force within the provisions of this law.
Page 23
Functions of the Civil Courts
Statement of the Courts for the year 1917
Article (11) The Civil Courts shall consider - in addition to the civil and commercial matters
which they have considered until now - lawsuits related to marriage and divorce
and wills, family matters, interdiction, inheritance, gifts, and the like of what
is expressed hereinafter as personal matters, with the exception of what belongs to ⟦the courts⟧
the Sharia Courts, and shall decide on those lawsuits;
and estates
Page 25
Law of the Israelite Community No. 77 of 1931
Article Seven
The functions of the Lay Council are:
1- Supervising the management of estates, roofed properties, and endowments held for charitable purposes.
2- Managing schools and charitable institutions.
3- Managing all matters related to expenditure and revenue, including the collection of community fees
and entitlements, and the appointment and dismissal of employees.
4- Exercising all powers granted to the Council by the regulations.