معاوضة الأوقاف في الفقه الإسلامي

الملخص EN

In the course of this theme my research deals with the subject of " Netting waqf" from a pure perspective.

It deals with important cases.

The first case is showing the shariah rule of Netting waqf – real- estate or deliverables, private or public, busy or deserted, mosques or other property.

That should be subject to written permission from the person endowing the waqf allow substitution of waqf even in case of disapproval or keeping silent as well.

It was evident as the reader will see through research that the issue of substitution is a matter of "ijtihad" in a way that there are rare similar waqf issues.

Some scholars forbid substitution at all.

Some scholars did not give a judgment only said that opinions differed.

Sometimes opinions were so numerous to the extent that individual scholars had their own opinions.

This is an evidence of the fertility which is rich and dependable for providing possible solutions for problems of waqf that confuse people in many Islamic communities.

The second case is related to conditions of validity of substitution according to those who say it is permissible.

These conditions are considered as precaution and act as controls that substitution may be taken as means for wasting waqf property.

In that context both parties the permitting of waqf substitution and opposing of such deals depended on evidences from the same context.

It was clear after discussion that evidences of permission were stronger than evidences of forbidding and that they realize the general benefit for the Ummah of Islam.

The third case: it is related to the authority that has the power of substitution.

This issue consumed much ink and paper as the purpose is precaution in dealing with this issue.

This is an evidence of caution taken by our fiqh scholars when dealing with such issue of waqf property.

It was deduced from discussion that opinions were summed up in three statements.

The waqf trustee is the authorized person to do the say the ruler has this right.

The last option was the strongest as the ruler is the person in charge of Muslims.

He cannot be accused of dishonesty.