أثر الخلاف في حقيقة الوقف وتطبيقاته المعاصرة

الملخص EN

This research aims at studying a doctrinal issue of the wakf, in which I tried to mention the nature of the dispute and the reasons for the disagreement of the lawyers, to introduce the four schools of thought and their imams and to follow the disagreement of jurists in the statement of the concept of the wakf arriving to the reasons of this discord, their impacts and contemporary applications by answering the following questions: The reasons for the disagreement of the lawyers? The truth of the wakf and what it is? Justification for disagreement in the definition of the wakf? Its impacts? Its contemporary applications? The purpose of all this is to demonstrate the importance of the system of wakf and its old and new role, to spread the culture of wakf among different communities, to mention some contemporary practical examples of this system, In the latter, I have reached some conclusions, essentially: the reasons for the disagreement between the jurists, which is due mainly to how they deal with the legal texts in a consistent and indicative manner, what led the lawyers to project it on financial transactions such as sale, gift, manumission, so he fell Between donation and projection theories and what follows from it as a consequence and contemporary application.

Key words: The waqf; Doctrinal disagreement; Contemporary applications; Financial transactions.