SASJC 103/1972

This case involved a man who had died overseas and left a commandment that a third of his money be used for his funeral and a third given to the poor in Yemen. It was argued an endowment cannot be transferred outside Saudi Arabia. The Supreme Judicial Commission confirmed the difference between an endowment and a commandment in such cases.

Background

A Saudi man had died in Beirut and left a commandment asking a third of his money be used on his funeral and burial and another third to be distributed to the poor in Yemen.

Article 83 of the Administrative Works Organization Law stipulates money in an endowment cannot be transferred outside Saudi Arabia, so the judge asked the Supreme Judicial Commission in the Ministry of Justice to give its opinion on the case.

Decision

The commission stated Article 83 of the Administrative Works Organization Law did not include a commandment. The commission stated there was a difference between an endowment and a commandment because the endowment aims at continuity while a commandment did not.

The commission ruled that the commandment should be registered.