الوقف و الأحكام الفقهية المتعلقة بالبناء على أراضيه في الفقه الإسلامي

الملخص EN

Endowment system has a long and deep history, but its existence in this type and style in Islamic jurisprudence is one of the innovations of the Islamic religion for the serve the human beings in general, and this system was created through its history under Islam in the invention of works proud in the service of needy groups of the poor, boys and orphans, the sick and the homeless, all this highlights the philosophy of Endowment Legislation and Purposes,and Supported by verses and speeches urging him to do so; Therefore, the Muslims through their history they did Endowment service for the humanity.

Our scholars had clarified the issue of the Endowment completely through their research, scientific follow-up and jurisprudence.

They explained the types and conditions of each paragraph and how to manage the Endowment.

They considered the Endowment like a moral person who has the right to defend his rights, and not uses it in the personal interests, and unfortunately we may see all these violations are now in Endowments; and so we thought to write about this subject so we show the virtues of Endowment and the aesthetics and the judgment behind its legislation and the statement of the status of the Endowments in Kurdistan and how to manage it by the beholders where filling all this shortcomings and Violations that against the interest of the endowment; All this in order for the person responsible for the Endowment to feel the obligations entrusted to him about the Endowment and to restore the rights to his relatives and prevent the spoilers from acts contrary to Islamic law in the Endowment, and we have outlined a number of useful conclusions and recommendations.

In this research, we have focused more on the issue of the rule of construction of all kinds on the Endowment lands by the citizens who holding rent contract with those who look at the Endowments by transmitting and analyzing the sayings of scholar's opinions and analyzing them, also we spoke about the ruling of taking advance of the property by building on the Endowment lands that required the land be registered with the names of its builders until they deserve to take the advance of the property, we have ended the judgment by preventing of such construction; because there's not trusting in the future if those builders deny that this lands Endowment as long as registered with the names of the builders; In this case any step is not allowed against Endowment interest.