BCC 472/2008
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
General Ecclesiastical Law, General Succession Law & Estate Planning, Rent & Service Charges, General Real Property Law, Regulatory Compliance
Copyright
LexisNexis
Decision date
2 Mar 2009
Catchwords
Trusts – Waqf – Trustee – Land – Rent – Inheritance – Islamic Law
This case involved a waqf which had been set up so the grantor's heirs benefited from three quarters of the land under it. No trustee had been appointed so the ruler became the trustee under Islamic law. This meant the department of Islamic Awqaf was able to rent the land to the defendant.
Background
Claimants filed a case against a defendant before the court requesting the defendant to vacate a piece of land. The claimants said that their grandfather had put the land under the Islamic Awqaf and permitted his heirs to benefit from three quarters of it. The claimants said that the defendant put his belongings on the land and tried to prevent them from benefiting from the land. The claimants added another defendant to the case.
The defendant claimed that he rented the land from the second defendant.
The court dismissed the case.
The claimants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision