أثر الإكراه علی الهبة والوقف
Abstract
This article examines the ruling of Islamic Jurisprudence of ikrāh (coercion) in Hibah (gift) and waqf (endowment). Ikrāh (coercion) is one of the social problems that appeared in Islamic societies, particularly inPakistani society. One can notice different scenarios of ikrāh (coercion) from forcing the wife to present the dowry to her husband,to force endowments by putting pressure and other unfair means. A descriptive approach is used in this research paper witha comparative study of the opinions of various Jurists from all major schools of Fiqh. Some of the contemporary issues regarding the waqf of land for Masjid (Mosque) have been discussed. Does any state forcesfor the endowment of land for masjid or Can the state change the status of the masjid to use it in other facilities. Is there any difference in Muslim and non-Muslim state in forcing for waqf. This article concluded that compulsion in gift and waqf is prohibited and not acceptable. Additionally, the state cannot force for making endowments and cannot appoint any non-Muslim to look after endowments of Muslims
Dr. Syed Bacha Agha, Dr. Muḥammad Khubaib, Dr. Ikram ul Haq Al Azhari. (2020) The Effects of Ikrāh (coercion) on Hibah(gift) and Waqf (Endowment), Journal of Islamic & Religious Studies, Volume-5, Issue-1.
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