انعقاد وقف الحصة الشائعة : دراسة مقارنة في الفقه الإسلامي و القانون الوضعي

الملخص EN

The Islamic law defines Waqf as a way of keeping things as it is and liberation of its benefit.

Legally, it is defined as unilateral conduct for whoever in charge in waqf, whereas Muslim scholars permit waqf of the common share and transfer its property and partnership as a full- authorized ownership.

On the other hand, Iraqi legislator does not regulate the waqf of common share.

Moreover, Iraqi judicial has already issued the waqf of common share on the ground of general common rules.

Nevertheless, Iraqi jurist allows the waqf of common share by any one of the partners.