|
|
|
|
Religious Trusts: Muslim Wakf - Chapter 23 - Trusts and Estate Planning in Israel - Second Edition
Pages:
ISBN:
Published On:
Updated On:
22986
DwnLdItem
PDF Chapter
Do Not Offer
Have a question? Email us about this product!
Available Format
|
Additional Information |
This chapter is from Trusts and Estate Planning in Israel, Second Edition
PAGE PREVIEW The Muslim wakf is considered one of the most important acts in Ottoman legislation, both because the principles of law and the associated rights are highly interesting, and because wakf properties constituted a large part of the lands and assets of the Ottoman Empire. Although the creation of a wakf was considered a Muslim act (the act of creating a charitable trust in Islamic law is known as wakf), Jews and Christians who lived under Ottoman rule were also subject to these laws, and created endowments (hekdeshim, sing. hekdesh, in Hebrew) in line with this practice. The act of creating a wakf has been a practice since the beginnings of Islam. The first wakf was the building of the Ka’aba in Mecca, which the Qur’an mentions as the first house of worship built for the people. However, the wakf is not mentioned specifically in the Qur’an; it derives its legitimacy primarily from a number of hadiths. One of the first uses in this institution was the donation of horses, weapons or slaves for the sake of jihad or houses for sheltering warriors at the frontier. The second use is a kind of temporary endowment for a limited number of people which, after their demise, reverts to the founder or his heirs. The wakf as an institution became popular among the people because it served various socio-economic needs. It was an instrument that would protect an estate against forfeiture to the state or against the forced heirship provisions of Sharia succession. The wakf can also provide a regular income for one’s relatives and descendants in order to protect them from need or poverty.
Dr. Alon Kaplan, Advocate & Notary, is a member of the Israel Bar and was admitted as a member of the New York and Frankfurt Bars. He is the President and founder of the Society of Trust and Estate Practitioners “STEP Israel”. Academically speaking, he has a Ph.D. from Zurich University in Switzerland and an LL.B. and LL.M. from the Hebrew University of Jerusalem. Dr. Kaplan maintains a direct and close relationship with academia, and he was a lecturer on trusts in the Academic Management College, Reichman University, and the Law Faculty of Tel Aviv University, where he taught trust courses for LL.M. students. Dr. Kaplan is a popular lecturer on trusts in Israel and abroad. He constructed the academic program for the Trusts Diploma of STEP in Israel. Throughout his professional career, he has written numerous professional articles in legal journals, on matters of trusts, intergenerational asset transfers and selected commercial law topics such as agent and distributor laws, a topic which he researched for his LL.M. thesis. Dr. Kaplan has been a regular contributor of articles to Trusts & Trustees by Oxford University Press. He has written and edited numerous professional books, among these on doing business in Israel, on trusts in Israel, and on international trusts laws. His book, Trusts and Estate Planning in Israel, is a professional and comprehensive guidebook for practitioners in this area in Israel. Another important book in English is Trusts in Prime Jurisdictions, fifth edition, 2020 which reviews trusts in various jurisdictions by 19 authors from various jurisdictions. In December 2020 he was the co-editor of the book, Life Cycle of a Family Business, published in London. Meytal Liberman, Advocate and Notary, TEP, advises private clients in Israel and internationally on trusts and estate planning. Her services include legal structuring for the long-term holding, ownership, and management of assets, addressing legal incapacity, division of marital property, wills, and trusts. She has practiced in this field since 2012, combining legal work, academic study, and active participation in professional organizations, publications, lectures, and continuing legal education.
Ms. Liberman was admitted to the Israel Bar in 2013 and licensed as a notary in 2024. She holds an LL.B. from Bar Ilan University (2012) and an LL.M. in Commercial Law from Tel Aviv University (2015). She is a full member of STEP, having earned a Diploma in International Trust Management following two years of study. Since 2018, she has been authorized by the Administrator General and the Israel Bar Association to draft and execute legal instruments for future incapacity planning, including the Enduring Power of Attorney, Expression of Wishes Document, and Preliminary Instructions for the Appointment of a Guardian. Her writing includes chapters in Asia-Pacific Trusts Law, Volume 2 (Bloomsbury, 2022), Trusts in Prime Jurisdictions (5th ed., Globe Law and Business, 2019), and Trust in Israel: Theory and Practice (2017, in Hebrew). Her work has also appeared in Trusts & Trustees, The International Family Office Journal, and STEP Journal. She lectures regularly at seminars and conferences, including events hosted by the Israel Bar Association and STEP.
|
|
|
|
|
|
