Ruling on Selling a Substance that is an Endowment by the Fuqaha – A Comparative Study

Abstract

Endowment has a great importance because it has a great usage formuslim community and Its legacy was mentioned in Quran and Sunna,meanwhile schoolers payed a special attention for it and studied its aspectsvery deep. One of Endowment topics was about how to sell the endowmentsubject in general, schoolers did not permit selling endowments except if itfaced something makse it out of usage. In this case they said you can sell it andput this money in another endowment subject. Some of them differentiatedbetween the real estate and the other types and some says you can sell theendowment subject according to the need only, even if this subject did not goout of service like a mosque, and this is what some contemporary researcherssay and some of the sharia courts started to apply. Others said we have tofollow what the owner of the endowment asked for according to theendorsement document.

Özet

İslam hukukunda vakıf, gerçekleştirdiği toplumsal faydalardan dolayı