غياب صاحب الحق أو أحد العاقدين في التبرعات وآ ثاره الفقهية

الملخص EN

This study deals with the contracts of commitment to have custody of something belongs to somebody in the case of the absence of the right holder and its jurisprudential implications.

the researcher studied on base of inductive method and analytical method by a follow-up reading the scholars' opinions, and comparing, analyzing them.

the study concludes that if the contract is a guarantee contract, to pay money or bring the wanted person, in this case the guarantor must pay financial penalty.

in the case of the waqf, if the benefiter person is absent, thus the benefit goes to the most vulnerable relatives of the donner.

but if the benefiter is a party such as mosque or school and benefiter persons are absent; thus the waqf property can be sold and used in another benefit way.

but in case of being an agency; thus the contracting between the agent and the original person have to be enter as a mediator to achieve the owner's willing, either by a messenger or an electronic apparatus or others; thus the contract council will be virtual.