The Fondations of endowment legislation in Islam

Abstract

Sharia or the Islamic law is far distinct from the rest of the other laws thanks to its conformity with the human nature, its deep influence on the psyche and its efficiency in the everyday life. This is due to two basic features: a. the conformity of the Islamic law to the human psyche. b. the distinctive methodology of the Islamic legislation in dealing with the actual facts.

In this context, this article discusses the issue of The Legislative Bases of the Endowment “waqf”. It is an attempt to unravel the secret behind the excellence of Sharia. Those features are, in my view, related to the basics of jurisprudence in Islam. And that can be summed up as follows:

1. Psychological Foundations; I will indicate the psychological roots that Shariah invested in the operation of guiding and counseling.
2. The creedal premises upon which these legislations are based and built.
3. The general rules of the legislation which are considered as the general issue that the Quran established and made fluent for the human mind.

This is important since it is a kind of a preliminary preparation to man in order to be ready to implement the details of the regulations. Then we deal with the subject of the endowment as an applied model to show how the endowment is legislated according to those foundations and rules referred to below.