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Register a new userThe Waqf Replacement: Its parameters and Procedures (Comparative Study)
استبدال ممتلكات الأوقاف ( حكمه و ضوابطه و إجراءاته ) ( دراسة مقارنة )
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Damascus University ورقة بحثية
Publication date
2013
fields
Sharia
and research's language is
العربية
Authors
تيسير أبو خشريف( باحث )
Created by
Shamra Editor
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استبدال الوقف و إجارته من أهم التصرفات التي تجري على الوقف، و قد اختلف الفقهاء في حكم استبدال ممتلكات الأوقاف؛ فمنهم من منع (و هم أكثر المالكية و الشافعية)، و منهم من أجاز بضوابط، و المجيزون منهم من توسع (و هم الحنفية)، و منهم من ضيق (و هم الحنابلة و بعض الشافعية).
This paper deals with a juristic issue: The Waqf Replacement (allowed or not). While the majority of Māliki and Shāfi’I legal schools do not allow the Replacement of Waqf with another, other schools like Al-Hanafi, to a greater extent, and Hanbali, to a lesser extent, hold the replacement allowable when some requirements are met.
References used
أحكام الأوقاف، أبو بكر أحمد بن عمرو الشيباني المعروف بالخصاف ( 261 ه)، مكتبة الثقافة الدينية - القاهرة.
الإقناع في فقه الإمام أحمد بن حنبل، شرف الدين موسى بن أحمد بن موسى أبو النجا الحجاوي 960 ه)، تحقيق عبد اللطيف محمد موسى السبكي، دار المعرفة – بيروت.
البحر الرائق شرح كنز الدقائق، زين الدين ابن نجيم الحنفي ( 970 ه)، دار المعرفة – بيروت
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