ملكية الوقف الأهلي : دراسة فقهية مقارنة

Abstract EN

The term ownership is a concept that refers to the relationship between a person and the money under his control.

its definition is : a person’s possession of money and the exclusive disposal of it.

the first requirement stated a statement of the subject of ownership, its divisions and that it is divided into two parts, the first : complete ownership ; it is what is meant by : the combination of ownership of the eye and the use of it, and it grants the owner all rights ; starting from the right of exploitation, use, even the right to dispose.

section two : ownership of the usufruct right, which consists of : the usufruct of the eye with one of the rights and not the other ; his use of housing and its likeness ; and it is by way of a contract, such as renting, farming, and mogharsa, and the like.

In the second requirement, a statement of the jurists’ statements regarding the ownership of the endowment came and clarification that the jurists agreed that the benefit of the endowment belongs to the endowed, and the statement of the first saying : that the endowment is confined to the ownership of the endowment, and the second saying : that the ownership of the endowment transfers to the rule of the king of God almighty, and the third saying : the endowment was on a certain whose property was endowed, even if it was on a side that moved to God Almighty, and the weighting that the ownership of the endowment transferred to the rule of God Almighty for several considerations : the first : that the endowment is like selling and freeing ; in terms of being a cause that cuts off the endower’s disposal of the benefit and the neck, it is necessary that the king be removed from him, and if the king is removed from the stander, the ownership cannot be transferred to the trustee ; because they only have the benefit, so the king then departed from the competence of the human beings, which is what is meant by the hadith "I imprisoned its origin", so it crossed here with imprisonment.

second : the fact that the endowment is a confinement to the eye, and a means of benefit ; an act of worship to God-the almighty-so the king moved to God like a manumission.