ضوابط الاجتهاد في النوازل الوقفية : جائحة كوفيد-19 إنموذجا

Abstract EN

The capitals’ movement velocity and its fast transformation in it and communication spheres, as well as the development in modes of investment, and diversity of markets affect waqf’s ordeals.

the question of the paper is: how does Islamic shariah tackles the ordeals (newazel) in general and those related to waqf in particular? the importance of this paper is demonstrated by proving the potential of shari’ah relevance to at all times, places, and societies including the waqf’s ordeals (newazel).

as well as by seizing the opportunity from those who ascribe to the conventional laws, because in the absence of a shari’ah ruling for the ordeal by jurisprudents the people shall compulsorily abode in conventional law; and the entire matter submerge an apparent level of nuisance.

thus, the research aims to prove that the shari’ah rulings related to the latest ordeals of waqf must be clarified.

similarly, the framework for criteria related to jurist and juristic deduction pertaining to ordeals of waqf shall be defined.

the research lead to the conclusion that the developments and modifications in the world caused ordeals in the matters of waqf, and those ordeals shall be dealt with.

it is also found that the general requirements for dealing with the fiqhi ordeals in general are fully relevant to dealing with the ordeals of waqf and that is a crucial matter that shall be taken into consideration by those who deal with the matter.