چکیده:
The author, stating that definitions of the nature of things are usually a priori and influenced by Greek logic and Aristotelian philosophy, mentions two other methods for explaining nature which are a posteriori. He calls these two the legal and historical methods and has examined the nature of Waqf through the lens of these two methods. Emphasizing that Waqf is a general structure with components and possesses legal personality, the author considers the weakness and inadequacy of jurisprudential books on the subject of Waqf to be the lack of a macro-perspective on the institution of Waqf. In the legal method, he discusses topics such as the conditions generating the positive and obligatory rules of Waqf, the conditions of the endowed property (Mawquf), endowment of money, and endowment of property without possession; in the historical method, he briefly explains the role of Waqf in history. The article concludes with two topics: the structure of Waqf and the importance of the legal personality of Waqf.
خلاصه ماشینی:
Emphasizing that waqf is a general structure consisting of components and possesses a legal personality, the author considers the weakness and inadequacy of jurisprudential books on the subject of waqf to be the lack of a macro-perspective on the institution of waqf.
In the legal method, he discusses topics such as the conditions generating the declaratory and obligatory rulings of waqf, the conditions of the endowed property (ayn al-mawqufah), endowment of money, and endowment of property without taking possession; and in the historical method, he briefly explains the role of waqf in history.
The goal of this article is to identify and discover the nature (essence/special properties and effects) of waqf; however, not through abstract and a priori definitions, but first through the realization and the conditions upon which the validity of waqf depends.
Legal Method Jurists and legal scholars consider anything that does not possess the conditions of validity to be essentially lacking the title.
The author of Jawahir and many jurists have stated the general rule regarding what can be endowed as follows: Anything from which a lawful benefit can be derived while preserving its essence, its endowment is valid.
Historical Method In recent decades, special attention has been paid to phenomenological, historical, field, and similar methods; therefore, scholars in various disciplines no longer approach categories with mental and abstract definitions, but rather, by examining the function and effects of a phenomenon over a specific period of time, they discover its essence and find a clearer perception of it.
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