الوقف وإجارته وفق كتاب منح الغفار للتمرتاشي مع تطبيقات معاصرة "وزارة الأوقاف الأردنية نموذجا"

Abstract

Abstract

The study aimed to explain Imam Al-Tamirashi’s approach to endowments and their rental, and I presented contemporary applications at the end of the research. To show that Sharia law is valid for every time and place, in terms of reasoning, construction, and principles in issuing the endowment and leasing it, and explaining the duration of the lease, and that it differs in the property. If it is a role, it has a period, and if it is land under cultivation, it has a period, and the increase in the rent during the period, then he takes the equivalent wage, and if the tenant refuses, he has a special ruling. If he agrees and wants to renew the contract, he is better than others.

The study followed the inductive approach in looking at general Hanafi books, reading jurisprudence books, and the analytical approach: by analyzing texts to find out their approach to setting rules, and the dialectical approach: to know what is correct about the endowment and its lease in the Hanafi school of thought and what is correct from it.

The study reached a number of results, including: the accuracy of the endowment and its rent, and the duration of the lease valid for the property. The period varies from endowment to endowment in duration, and the change in the wage during the period if it is less or has an effect. It explained what is considered a decrease and what is considered an increase, and whoever raises it alone out of obstinacy without the rest is not considered.

The study recommends paying attention to the authors’ approach to the science of endowments and its lease, and looking at contemporary applications and controlling them. Because it contains huge sums of money, it must be controlled by tampering people.