التأصيل الفقهي و التاريخي للأوقاف بين الشائع و الموثوق : صدقة أبي طلحة نموذجا

الملخص EN

To restore the active role of awqaf in present and future it is of utmost urgency that the facts in this domain are based on reliable and authentic scientific ground.

A thorough review of past facts will help in directing the future in the right way.

In the field of awqaf many unreliable well-known information has been treated as authentic.

Examining such facts on scientific ground will prove that it is not the case.

This study discusses the charity of Abu Talhaha al-Ansari as an example to demystify the claims surrounding this charity.

The study, the first of its kind to the best knowledge of the researcher, reveals the following: 1.

The Shafii’ scholar al-Khatib Al-Sharbini (died 977 H) is the first jurist to state two important issues: the first is the fact that verse 92 of Surat Al-Imran constitutes a basis for the permissibility of waqf; and the second is upon the revelation of this verse Abu Talhaha al-Ansari donated his famous farm; ‘Bairuha’ as an act of waqf.

These two claims have been found to be based on non-reliable foundations.

2.

Famous books of tafsir (i.e.

interpretation of the Qur’an) state that the verse of Al- Imran deals with charity in general and not waqf in particular.

Famous books of hadith reveal the same conclusion as there is no authentic narration from the Prophet (PBUH) which states that.

In contrast to that the charity of Umar Ibn al- Khattab is clear and credible basis for the permissibility of wqaf.

3.

There are juridical problems surrounding the charity of Abu Talhah.

As a r e sult, many scholars criticize its use as a reliable source for the permissibility of awqf in Shari’ah.

Historical facts in the first and second centuries of the Islamic history show no sign that the charity of Abu Talhaha has impacted the practice of waqf in Muslim societies at that time.

However, there is consensus among the companions and the followers that the charity of Umar and the general hadiths of charity did impact the practice of waqf.

Therefore, historical facts indicate that the charity of Abu Talhah has never been regarded as an act of waqf from this companion, but rather it has been regarded as a general charityissibility of Waqf.