Regulation Organizing Nazara (Beholding) Activities · Article 24: Penalties
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Article 24: Penalties
1.Without prejudice to civil and criminal liability, where the Authority finds that a beholder or any person delegated with the administration of the Waqf has violated any provision of this Regulation or any instructions issued by the Authority, it may impose one or more of the following penalties, taking into account the gravity of the violation, its effects, and the circumstances of its commission:
2.Taking into account the gravity and repetition of the violation, its effects, and the circumstances of its commission, the Authority may impose the penalty of dismissal of the beholder in the following cases:
a.The beholder commits any crime stipulated in any law through the Waqf or in the course of performing beholding duties.
b.It is established that the beholder has violated the Endower’s condition relating to Waqf disbursement channels, provided being notified of the violation by the Authority and failed to respond in remedying it.
c.The beholder commingles Waqf funds with other funds without a Sharia or legal justification.
d.It is established that the beholder has carried out fictitious transactions in the name of the Waqf for the purpose of circumventing laws.
e.It is established that the beholder has refused to open a bank account in the name of the Waqf without justification.
f.It is established that the beholder has violated the relevant laws relating to the disposition of the Waqf asset in any form of disposition.
g.It is established that the beholder has refused, without legitimate justification, to enable the Authority to conduct desk-based or on-site examinations of the Waqf, or to provide the Authority with documents, records, or information it requests for the purpose of fulfilling its duties in protecting the Endower’s conditions and achieving the interest and benefit of the Waqf.
3.Without prejudice to the provisions of this Article, the committee shall, when imposing penalties, take into account the Schedule of Violations and Sanctions issued by the Authority.