Establishing an endowment - a comparative jurisprudential study between the four schools of thought, the Jordanian civil law and the Sharia standards

Document Type : Original Article

Authors

1 The World Islamic Sciences & Education University

2 The World Islamic Science & Education University

3 The World Islamic Science & Education University

Abstract

This research presents a comparative jurisprudential study between the four schools of jurisprudence, the Jordanian civil law and the Sharia standards in the ways in which the endowment is created, which are: verbalization, action, writing, and the intelligible sign of the mute. It also shows the explicit and metaphorical words in creating the endowment according to each school of thought, such as these explicit expressions: “I endow, I confined, and I donated” and these metaphorical expressions :“I gave in charity, I perpetuated, and I forbade”. Also, it clarifies conditions that are stipulated by the jurists in the formula and their differences in that such as: perpetuity, fulfillment, obligation, and mention the bank. In addition, it discussed their requirement of the recipient’s acceptance of the endowment for the validity of it or not, and it explains the ruling of the endowment in the case of sick leading to death: if it is on the heirs or on others.
Through this study, the researcher reached several results, the most important of which are: First, the endowment takes place with the word, whether it is explicit, or metaphoric with the intention, or an explicit word is added to it. Also, it takes place through writing, action, and the intelligible sign of the mute. Second, scholars agreed on the condition of an offer in the formula of the endowment, but they differed on the condition of acceptance; some of them valid the endowment without it, but the others invalidated it.

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History

  • Receive Date: 22 September 2024
  • Accept Date: 10 October 2024

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