خصوصيات الصناعة التشريعية في المادة الوقفية : دراسة على ضوء تجربة مدونة الأوقاف

Abstract EN

This study is concerned with the peculiarities of legislation or the legislative industry in the endowment article, especially by focusing on the endowment code considering the contemporary endowment legislation.

The study concluded that the legislation in the field of endowment knows a set of important peculiarities that have been brought up since thinking about the development of the code and continued with its various stations, as well as during the legislative procedure that was approached, and this stems mainly from the privacy and independence of endowment provisions, and their connection to the Islamic legislative system and its sources, that The system from which the Emirate of the Believers derives its roots and competence in religious and endowment affairs, and on the basis of which the code was issued by virtue of an honorable dahir, and on the basis of that independence in provisions, endowment requirements were formulated in the form of a comprehensive code of its provisions, and in compliance with that specificity, endowment provisions were formulated according to the “codification” mechanism.

That is, the codification of the general juristic source represented in Islamic jurisprudence, which is based on a jurisprudential specificity of the blogger With the use of the “referral” mechanism, i.e.

referring to Maliki jurisprudence as an official backup source for the Code, which serves as a sectarian specificity of the Endowments Code, and in accordance with the same privacy and independence, the period of preparing the Code was known as an openness to the actors of jurisprudence, whether legal or legal jurisprudence, as well as to judicial jurisprudence.

Moroccan.