University of Khartoum

التكييف الفقهى لقوانين الأوقاف فى السودان

التكييف الفقهى لقوانين الأوقاف فى السودان

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Title: التكييف الفقهى لقوانين الأوقاف فى السودان
Author: صالح, صلاح الدين أحمد محمد
Abstract: This study aims at ‘originalizing’ (providing the Islamic roots of) the currently valid legislative texts of Sudanese Waqfs, defining their terms and following up their legal and legislative development. Moreover, the study traces the amendments added to these texts during the different historical stages. The Study compares legislative texts with juristic rules of Waqf, explains the effect of lack of legislations on the growth of Waqf funds and on protecting its properties in view of the marked importance of Waqf in the life of people. The Study adopts the descriptive analytical comparative approach, focusing on opinions of scholars of the eight Islamic jurisprudence doctorines concerning the rules of Waqf from their original sources along with showing the relative evidences. It compares between opinions and outweighs the correctly proven right in the researcher’s point of view, regardless of its originator. Legislative texts are reviewed, their juristic references explained and the extent of their agreement/disagreement with outweighed opinions is stated. The study also explains areas of modification and correction so that it goes in parallel with the outweighed opinion in jurisprudence and fulfils the need of our time. The study concludes with certain results, the most important of which is the failure of the legislations concerning Waqf and their non-compatibility with development. This matter reflects negatively on the investments and revenues of Waqf, thus making financers and investors refrain from entering into the field of Waqf. Political decisions and appointments concerning Waqf-management have also led to administrative instability. Accordingly, the role of Waqf in development is reduced. Furthermore, the power granted to courts have also restricted the hands of Waqf management and caused conflict of competences; this is due to the fact that the law rendered the mandate of the ruler on Waqf original. In view of these results, the study recommends that Waqf be placed under ordinary judiciary supervision to avoid conflict of competences, acquire the trust of endowers and to take into account the rights of whoever is targeted by the Waqf. The study also recommends that the State should provide opportunities, credits or financial loans for the investment projects of Waqf. Moreover, it recommends guarantees to preserve Waqf and enable it achieve its purposes. Another recommendation is to enact laws capable of legal protection of Waqfs' properties and funds and of preventing intervention by the State in the conditions of endowers and Waqf's supervision, which shall be better if left to the supervisors or courts
URI: http://khartoumspace.uofk.edu/handle/123456789/20072
Date: 2016-03-24


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