أركان الوقف الأهلي و شروطه : دراسة فقهية مقارنة

الملخص EN

Before proceeding to explain the pillars of the civil endowment and its conditions, it is worthwhile to clarify the nature and reality of the pillar ; this is in order to make clear to us the reason for the difference of jurists in defining the pillars of the endowment ; the judgment on the thing branch of his perception.

in it came an explanation of the meaning of the pillar and condition in language and terminology, and the weighting of the public’s saying that contracts have four parts, then we proceeded to talk about the conditions of each pillar.

we explained that the formula is : an expression of what the endowment is held by, and it is divided into two parts : the first : the verbal form, the second: the actual form.

as for the actual formula, which is : the endowment is held by an act that indicates it.

and in the second requirement came a statement of the provisions of the endower and what is required in it, which depend on the holding of the endowment or not, including : that the endower is qualified to donate, that the endower is the owner of the endowed, and the statement of the jurists’ rulings on the ruling of the endowment of the curious, and the weighting that it is correct to dispose of the money of another person with the endowment, if Owner's permission and in the third requirement, a statement of the provisions of the endowment and what is required in it is that which benefits the endowment, whether it is a specific party such as a specific person or it is not specific, such as the poor and needy.

the most prominent conditions : that the endowed is on a side of righteousness and kinship, that the endowed is on an uninterrupted side, that the endowment does not return to the endower, and the statement of the jurists on this issue and the preponderance that the endowment is valid if he endowed it on himself, that the endowed is one of the right to own, that it be the entity concerned is ambiguous information.