الوقف على الحج والزواج دراسة شرعية قانونية

Abstract

This study aimed to shed light on the concept of endowment on Hajj and endowment on marriage, defining its types, pillars and conditions, as well comparing the endowment between Islamic law and Algerian law in general, and the endowment on Hajj and marriage in particular. The problem of the study presented is: What is the endowment on Hajj and marriage represented in the Islamic legislation and positive legal legislation? The study concluded that the endowment on marriage or Hajj is confinement of an eye or money that is given to a king who stands permanently, and giving his benefit to the poor or a form of goodness and righteousness, which is based on the marriage of the poor who want him (it falls among poor: the poor and orphans ...) Of those who are unable to bear his expenses, with the intention of forming a family based on affection, mercy and cooperation, and the immunization of spouses and the preservation of lineages, as well as those who wish to perform the Hajj. The study emphasized the necessity of putting in place a special law the endowment on marriage and Hajj, in order to guarantee the rights of those standing on the one hand, as well as to ensure fair use of those qualified for that.