حماية واسترجاع الأملاك الوقفية عن طريق الأدلة الكتابية" دراسة مقارنة بين الشريعة والقانون الجزائري

Abstract

The endowment is an act of a sole will that includes the meaning of the assignment of ownership, as this is proven by the written evidence as a general rule and the assignment is also confirmed by the written evidence, so the endowment can not be invoked unless it is emptied in an official form, and it proves a legal evidence that gains the power and legal protection, so the overseer of the endowment must document his endowment In the written evidence for its protection, and through it retrieves the seized endowments, and shows the importance of the written evidence in proving the endowment, where the endowments have been preserved since its establishment in the written guide. It also has the retrieval of lost or seized endowments, and also the written evidence helps to count and inventory the endowments. Hence the following problem arises: What are the aspects of endowment protection in written evidence? Among the results reached are: that documenting the endowment preserves it from transgression and seizure, as it helps to recover endowments, and that the written evidence is one of the primary means to prove the endowment in the face of opponents or others.