بيع الوقف و استبداله من منظور الفقه الإسلامي و ما عليه قانون أوقاف الشارقة قانون رقم : 8 2018

الملخص EN

The realization of social solidarity has been given a special concern in Sharia.

Legislation of endowment (waqf) contributes positively to the process of social and economic development.

This paper identifies a number of issues related to the endowment (waqf), such as the sale of a waqf property and its replacement by another property in case of its destruction or exhaustion.

The research follows an inductive method and explores the rulings of making a waqf subject to sale, elaborating the stands of prominent Muslim jurists and endowments law in the Emirate of Sharjah from this issue.

Situations wherein the sale and replacement of waqf properties allowed are specified.

The researchers reached at the conclusion that the permissibility of selling a waqf and replacing it with similar items and usufructs is evident, provided that the waqf property will be entirely damaged and will not generate its regular benefits if not properly replaced in cash or in kind.