وظيفة الوقف ومستقبله في الوطن العربي.

Abstract

It is legally established that the transfer of ownership between persons takes place by different ways however, any person may immobilize his property as Wakf, so that they cannot be sold, donated or transferred by way succession, and its income or produce is dedicated either to persons or to religious or charitable purposes. Wakf is a specific legal system from Muslim law with special provisions and which are little knowno to lawyers. Indeed, Wakf is a religious and wharitable institution with an economic, social and cultural nature that reinforces the solidarity and the sustainable development of Muslim societies And generates income that can reinforce the revenue of state alleviating some of its expenses and consolidating the relationship between the civil community and the state. Nevertheless, the Wakf institution knows some controversies relates to its managements, which can be either public, or private, in addition to misappropriation and neglect that it has suffered from time to time. These obstacles have not prevented the development of this institution which has witnessed calls for reform and adaptation to the modern legislations of the Arab countries. Thus, new perspectives emerge for the Wakf, promoting charity and social development. It is also a source of inspiration for the western countries, which use it as mean of enrichment and as full financial and institutional system. A system that can facilitate the movement and exchange of capitals, reducing the negative saving of capitals and their intergration into financial markets. For all these reasons, it is important to maintain and restore the wakf and encourage research to consolidate and sustain it.