Kuwait-University-Journal-of-Law-header
Search
Journal of Law

Previous Issues

Advance Search
Year : From To Vol
Issue Discipline:
Author

Volume :24 Issue : 77 2009      Add To Cart                                                                    Download

Judgment of substituting endowments

Auther : Dr. Mohamed Al-Mahdi

Judgment of substituting endowments

(waqf) In fiqh methods

Dr. Mohamed Al-Mahdi

Prof. of special law in Seedi Mohamed Ibn Abdullah (Maghreb)

The   thing that makes us utterly disappointed is  making Islamic Fiqh and heritage of marginal or lesser importence in many Arab and Islamic countries. While we find secular legislations displace Shariah rules  even in personal conditions claiming  Shariah to be old fashioned and out of date.

 

Regarding this case I cannot help except thanking Al Shari’ah and Islamic studies Magazine in  State of Kuwait for utmost care it gives to this great heritage through publishing fiqh research which displays the excellent mentality of those great fiqh scholars, on whose shoulders the Islamic Ummah had reached peak of glory. People ignoring the greatness of our scholars should feel ashamed for denying the solidness and capability of our fiqh to find solutions for problems of our times.

 

In the course of this theme  my research deals with the subject of “substituting waqf” from a pure fiqh perspective. It deals with three important cases.

 

The first case is  showing the Shari’ah rule of substituting waqf - real-estate or deliverables, private or public, busy or deserted, mosques or other property. That should be subject to a written permission from the person endowing the waqf to allow substitution of waqf even in case of disapproval or keeping silent as well.

 

It was evident  as the reader will see through research that the issue of substitution is a matter of ijtihad in a way that there are rare   similar   waqf issues. Some scholars forbid substitution  except in some resources others forbid substitution at all. Some  scholars did not give a judgment only said that opinions differed .Sometimes opinions  were so numerous to the extent that  individual scholars had their own opinions.

 

This

Journal of Law
Journal of Law

You are Visitor No.

81212

Journal of Law
Journal of Law
Tell your friendsJournal of Law
Journal of Law

Last Updated

Nov 04, 2019

Journal of Law
Journal of Law
Journal of Law

Please enter your email Here to receive our news

Journal of Law