حاجة الأوقاف إلى بيئة تشريعية داعمة

الملخص EN

Legislation in legal terminology is defined as the legal rules promulgated by a competent public authority in a written form in accordance with certain procedures.

The legislation, regardless of its degree, should not violate the provisions of Islamic Sharia, because no one ever can promulgate a rule that contradicts the one issued by God the Almighty, whether it relates to the rights of God or to those of human beings.

However, the following question arises: the importance of issuing legislation to regulate contemporary religious endowments in general, and through contemporary endowment legislation in particular, where does it lie? In response to this question, we explained in the first section of this research the urgent need for contemporary endowments to supportive legislation; in the second section, some examples of contemporary religious endowments legislation have been mentioned.

Concerning the need of contemporary religious endowments to supporting legislation, we have made it clear that the existence of legislation in itself achieves many important positives goals, such as: reassuring people, achieving security and stability of transactions, achieving equality between citizens and protecting them from abuse, organizing society according to what its development requires, as well as facilitating reference to Jurisprudence provisions and the imparting of mandatory nature on it, and not being lost in the different Islamic law provisions.

However, the most important goals that are achieved for endowments in the presence of endowment legislations are: to provide the necessary protection for them againstusurpation and aggression, on the one hand.

On the other hand, finding the legal tools to enable these endowments playing an effective role in achieving socioeconomic development, carry out its historical roles, and respond to emerging needs.

As for the models of contemporary endowment legislation that we mentioned, we have been keen to give a varietythe regulatory legislation,then, making a distinction between them in three forms: the first is the inclusion of chapters and materials for endowments in different legislations ; the second is the combination between the inclusion of chapters and articles in general legislation, and the enactment of endowment texts in some areas, And the third: promulgating legislation for the endowment, either related to the authority supervising the endowment, with the inclusion of some provisions and definitions related to the endowment, or in the form of a comprehensive code of provisions related to the endowment in various fields.

We have also been keen to compare these legislations in terms of their contents, especially with regard to the scope of the endowment and how to deal with its formulas, the legal personality of the endowment and the requirements for its protection, then the current actions on the endowment, while being limited to the issue of change and replacement in the field of endowments.

At the end of the research, we concluded with a set of recommendations that emphasize the importance of creating a stimulating legislative environment, supporting philanthropic initiatives, protecting good will, and achieving the desired goals.