المبررات التشريعية للشكلية في عقود الاستثمار الوقفي بين التنظير والتطبيق: الشركة الوقفية نموذجا

الملخص EN

This research deals with the issue of developing and developing Islamic endowments through activating endowment investment by using one of the innovative formulas to improve endowment assets, based on the premise that it is possible to promote endowment assets and its proceeds by searching for contemporary financing formulas, which do not intersect with the provisions of the endowment or with the prevailing laws and among these formulas endowment polytheism, where the formality in these contracts represents the restriction imposed by the law upon the conclusion of the contract, given that the law determines the form according to the type of disposition, and endowment contracts are not outside these legal rules regulating such transactions.

the research also concluded that endowment contracts are donation contracts that have terms and conditions derived from Islamic jurisprudence, and these contracts must be subject to the principle of formality and formality in the documentation of capital quilts and the rights of those who have the right to benefit from them.