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Transactions transferring ownership issued by the successor to the unregistered waqf property | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 25, Volume 16, Issue: 1, March 2026, Pages 630-675 PDF (899.64 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.158273.1482 | ||
| Authors | ||
| Haider Hussein Kazem Al-Shimmery* ; Mohammed Najm Sultan Al Shamri | ||
| College of Law - University of Karbala | ||
| Abstract | ||
| This research aims to examine the legal transactions made by general and specific successors in unregistered waqf (endowed) properties and their legitimacy according to Islamic jurisprudence and statutory laws. The study explores the concept of waqf, its conditions, and the impact of property registration on the validity of legal transactions. It also analyzes the Islamic jurisprudential stance on transferring ownership of waqf property to successors, comparing it with the legal positions in Iraqi, Egyptian, and Jordanian legislation The research concludes that the majority of Islamic scholars do not consider property registration a requirement for the validity of waqf, whereas modern laws make registration a condition for legal enforcement. It also affirms that general successors, whether heirs or legatees, have no right to dispose of endowed property unless through legal replacement under specific religious and legal conditions. Additionally, judicial rulings have demonstrated that unregistered waqf can be proven by all means of evidence, reinforcing its protection against unlawful transactions The study recommends amending real estate laws to safeguard unregistered waqf properties, enforcing stricter penalties for unauthorized transactions, and strengthening the role of the judiciary in resolving waqf-related disputes to ensure justice and preserve the interests of endowments | ||
| Keywords | ||
| Transactions transferring ownership; waqf property; unregistered property | ||
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