العوارض التي تعتري الواقف : دراسة تحليلية نقدية

الملخص EN

This research deals with an important part of the jurisprudence of religious endowment (waqf).

It sheds light on the conflicts that affect one of its most important pillars, namely the donor, and examines the validity of these conflicts to become a comprehensive term that includes many branches.

Therefore, the research was entitled «conflicts affecting the donor: a critical analytical study «.

The research was divided into an introduction, a preface, two themes and a conclusion.

The introduction revealed the importance of the research, its objectives, the reasons for its selection, and the most important literature reviews, beginning with the preface, where the concepts of conflicts, donor and totalities are defined.

The first theme discussed the conflicts affecting the donor whether he/ she abandons waqf or replaces it.

The second theme was allocated to the donor whether he/she is a convert or is a non-Muslim.

The research ends with the results and conclusion.

It is worth mentioning that the research adopted the inductive, comparative and analytical method, which led to a number of results.

Some of these results are: religious endowment is a binding contract in the view of most scholars, and selling or replacing the religious endowment is subject to interest (public interest).

This is because whenever there is interest, the law of Allah applies.

This research had the following precedence: that according to Abu Haneefa apostasy does not abolish religious endowment, but attributing this view to the Hanafi’s is merely illusion.