قانون أوقاف الشارقة : دراسة فقهية نقدية

Abstract EN

Waqf (Endowment) is a voluntary financial system that Islam has been legislated and maintained as one of its characteristic features.

Due to the significance of this system, many Islamic countries have established special legislations for it as is the case in Morocco, Kuwait and Sharjah.

This research investigates Sharjah Waqf law, highlights its features and indicates the aspects that may need some improvement.

It is an analytic study in the sense that it emphasizes the positive role that Sharjah Waqf plays in this respect.

It has been found that Sharjah Waqf Law has abided by Shari’a rules and principles in many of its articles and paragraphs.

It has legislated regulations for preserving Waqf by observing its conditions and beneficiaries.

Furthermore, the researcher explained the ability of legislative authorities to maintain the purposes of Waqf and prevent any attempt to divert them by legislating laws that render this system a penal law for heirs or others.

The researcher also indicated the positive role of this law in adopting judicial opinions that combine both the interests of people and the correctness of evidence.