استبدال الوقف بين الشريعة و قانون الوقف الكويتي

Abstract EN

The Replacement of Waqf between Shari'a and Kuwaiti Wafq Law
Awqaf is a great and old act of worship.

It is a treasure full of giving, sustainable growing, and promising future for the community and for individuals in their life and after their death.

Thanks to Awqaf, people are glad, nations are elevated, social solidarity is achieved among members of the society, rates of unemployment and inflation are decreased, and the economic wheel is moved.

Waqf is an important field of study in jurisprudence.

The present study aims at replacing waqf when its benefits are totally lost.

This research area is worthy of investigation.

The study adopts critical and analytical approach to examine this issue.

The study reached the following conclusions:

The righteous and scholars of jurisprudence are of the opinion that waqf is necessary and Quranic evidence supporting this is provided.

Abu Hanifa says it is not necessary except in the two following cases: the first is when a judge necessitates it; the second is when it is a will of a deceased.

The Kuwaiti law favors Abu Hanifa's view.

Scholars of knowledge see Waqf is rightful and commendable; it is approved by law.