implantation in the Land of Waqf (Comparative Study in Islamic Jurisprudence)
Abstract
To implant in the al-waqf land is important subject which to arise different matter in the Islamic jurisprudence with different faith, the Iraqi laws can't treatment the subject clearly, completely and stability, this issue reflect into the Iraqi Judiciary decision, because the principal of al-waqf can't allowed to implant in the al-waqf land by land, and Tree, because not allowed selling the al-waqf land , on purpose of surrounding on subjects by sectors we take included within the frame of this research the position of the Islamic jurisprudence , and Iraqi law from the implant in the al-waqf land . The jurist accommodation for the subject and the effect .Finally we find we result that conclude to include the Implant in the correct al-waqf land with ground rent.
References
- Resolution of the dissolved Revolutionary Command Council No. 246 on 12/3/1988, and its instructions No. (3) of 1988.
- Law of the Authority for the Administration and Investment of Awqaf Funds No. 18 of 1993.17. Decision of the dissolved Revolutionary Command Council No. 182 on 29 August 2002.Eighth: Arab Legislation:1. The Egyptian Civil Code No. 131 of 1948.2. Syrian Civil Code No. 84 of 1949.3. Jordanian Civil Code No. 43 of 1976.Ninth: Judicial Groups:1. Judicial Bulletin, issued by the Technical Office of the Court of Cassation of Iraq - Baghdad, No. 2, third year, 1974.Tenth: Interviews:1- Interview with olive tree plantations in Al-Fadiliya area in Ninewa governorate, Mr. Ali Fadhil Mustafa on 5/5/2011