الوقف و جدلية نقله : دراسة مقارنة بين الفقه الإسلامي و القانون الجزائري

Abstract EN

The study dealt with linguistic, legal and jurisprudential definitions and the consequent disagreement of the four jurists regarding the reality of the endowment itself, the narration of their opinions, the presentation and discussion of their evidence and the reason why endowment's provisions are different.

The study also highlights the disagreement raised by the definition of endowment among jurists.

This is because people's mindsets including honorable scholars vary in thinking and perception which made them differ in views notably towards those which don't have decisive texts.

In addition to this we will shed light on the implications for scholars' differences as to endowment definitions and the endowment's ownership transferring in particular, either juristically or legally and granting legal personality to the endowment.