Documenting Endowments is a Comparative Legal Jurisprudential Study
Abstract
The subject of this research revolves around the issue of documenting the endowment from a legal and legal perspective. We asked the question: Do jurists and positive law require documentation for the validity of the endowment? We reached the conclusion that although the jurists addressed the provisions and conditions of documentation, they did not require documentation for the validity of the endowment.
However, when an interest is established, the guardian has the right to document the endowment when it is established or its banks and conditions change. There is no doubt that the interest in requiring documentation exists to prevent false malicious claims and to block the pretexts for making an unfair claim.
From a legal standpoint, the Prophet - may God bless him and grant him peace - was the first to appoint notarization authorities, who are a group of writers with multiple specializations, such as writing the office, buying and selling, and other specializations and tasks as notarization authorities. Despite all this, there is no mention of the Messenger, may God bless him and grant him peace, that he authenticated Endowments, and the beginning of documenting endowments by the donor himself occurred during the era of our master Omar, may God be pleased with him. As for documenting endowments by an entity affiliated with the state, this was during the Umayyad era, and this developed in the Abbasid era during the establishment of the Fatimid state until this development reached the days of the Islamic caliphate of the state. The Ottoman Empire, after which Islamic countries enacted special legislation for Islamic endowments that regulated the documentation of endowments.
Islamic countries have enacted special legislation for Islamic endowments that regulate the documentation of endowments with religious documents and manuscripts that must be preserved. The modern Islamic world has many documented records of endowments, and these records contain significant implications for aspects of the nation's history, culture, and civilization. Muslims were interested in endowment legislation and its procedural systems, including documentation, as it means documenting the endowment to confirm and preserve it. This study presented a comparative study of endowment documentation.
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