وضعية أوقاف المغاربة العقارية في مكة و المدينة المنورة بين شروط الواقفين و القانون السعودي : (دراسة تاريخية قانونية)‎

الملخص EN

13th century A.

D.

, the Maghrebis in Mecca and Madinah endowed many properties (Homes, Rubats, zawyas.

.

.

etc).

These endowments lasted for centuries, standing up to time obstacles, performing their role entrusted to them upon the will of the endowers and their specific conditions in the endowment arguments.

Nevertheless, alteration in countries, the expansions made, and the issuance of laws governing endowments have greatly affected the endowed properties, and changed their locations and their urban patterns especially in the era of the current Saudi State.

This has raised questions about the legal justifications for the changes that occurred in the endowments, particuarly whether they were inconsistency with the conditions of the endowers, and put the formulas by which those endowments are compensated without harming the endowers' conditions for the interest of the endowment, and not to harm its beneficiaries.