Section II The Right of Hekr

Article 999

Hekr cannot be concluded for a period exceeding sixty years. If a longer period is fixed or if the period is not fixed the hekr is deemed to have been concluded for a period of sixty years.

Article 1000

Hekr can only be concluded for reasons of necessity or expediency and with the permission of the Charei Court of First Instance in the district in which the land or that part of the land which is most valuable is situated. It must be established by virtue of a deed drawn up by the President of the court, or by a judge or by a notary delegated by him for the purpose, and must be published in accordance with the provisions of the law relating to the publication of real rights.


Article 1001

The grantee of a hekr may dispose of his right; this right is transmissible by inheritance.

Article 1002

Constructions, plantations and other works carried out by the grantee of the hekr belong to him absolutely. He may dispose of them separately or together with the right of hekr.

Article 1003

A grantee of the hekr must pay the agreed rent to the grantor of the hekr.

In the absence of a provision to the contrary in the contract creating the hekr, the rent is payable at the end of each year.

Article 1004

A hekr cannot be concluded at a rent less than that paid for similar lands.

This rent is increased or diminished at the rental value of similar lands rises or falls by more than one fifth, provided that eight years have passed since the last valuation.

Article 1005

The estimation of this rise or fall is made on the basis of the rental value of the land at the time of valuation, taking into account its marketable value and the demand for it, and regardless of any constructions or plantations on it.

Improvements or deteriorations caused to the land or to the value of the neighboring land by the grantee of the hekr, as well as his surface rights over the land, should be disregarded.

Article 1006

The new estimate applies only from the time agreed between the parties, or, in the absence of an agreement, from the date of the commencement of the legal proceedings.

Article 1007

The grantee of the hekr must take the necessary measures to make the land suitable for exploitation, taking into account the agreed conditions, the nature of the soil, the use to which it is intended and local custom.

Article 1008

The right of hekr terminates at the end of the period fixed.

The right terminates, however, before the end of the period fixed, if the grantee of the hekr dies before having built on or planted the land, unless all the heirs ask for the maintenance of the hekr.

The right of hekr also terminates before the end of the period fixed, if the land burdened with the hekr ceases to be wakf property, unless this cessation results from the revocation of the wakf or the reduction of the period of wakf by the founder, in which case the hekr is maintained until the end of its period.

Article 1009

The grantor of the hekr may demand the resiliation of the contract if the rent is not paid to him for three consecutive years.

Article 1010

In the absence of an agreement to the contrary, the grantor of the hekr may, upon resiliation or termination of the contract, claim either the removal of the buildings and plantations or their maintenance against payment of the value of the buildings and plantations in their existing state or their value if removed, whichever is the lesser.

The court may accord the grantor of the hekr a time for payment if exceptional circumstances exist that justify such a delay, in which case the grantor must furnish security to guarantee the payment of the amount due by him.

Article 1011

The right of hekr is extinguished by non-user during a period of fifteen years, unless the right of hekr is constituted in wakf, in which case it is extinguished by non-user during a period of thirty three years.

Article 1012

Subject to the provisions of Article 1008, paragraph 3, no hekr may, from the date upon which this law comes into force, be established on land that is not constituted in wakf.

Hekr existing on lands that are not constituted in wakf at the time that this law comes into force are subject to the provisions of the preceding articles.

Some Kinds of Hekr

Article 1013

Idjaratein is a contract by which a wakf creates a hekr on land on which buildings are erected which are in need of repair, in consideration of the immediate payment of a sum of money equal to the value of these buildings and the payment of an annual rent for the land equal to the rental value of similar lands.

Subject to the provisions of the preceding paragraph, the rules as to hekr apply to such a contract.

Article 1014

The Kholou-el-intifaa is a contract by which a wakf grants a lease of a property even without the permission of the judge, in consideration of a fixed rent for an indefinite time.

In accordance with this contract, the lessee undertakes to render the property fit for exploitation; the wakf may, at any time, resiliate the contract by due notice in accordance with the rules as to contracts of lease, provided that the wakf compensates the lessee for his expenses in accordance with the provisions of Article 179.

Subject to the provisions of the two preceding paragraphs, the provisions relating to leases of wakf property are applicable to such a contract.