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Abstract

field of endowment (waqf), especially by focusing on the endowment code as a model for contemporary endowment legislation. The study concluded that the legislation in the field of endowment (waqf) knows a set of important peculiarities that have been invoked since the thought of the development of the code and continued with its various stations, as well as during the legislative procedure that was approached, and this stems mainly from the privacy and independence of endowment provisions, and their connection to the Islamic legislative system and its sources, that system From which the Emirate of the Faithful derives its roots and competence in religious and endowment affairs, and on the basis of which the code was issued by virtue of an honorable dahir, and on the basis of that independence in rulings, the requirements of the endowment were formulated in the form of a comprehensive code of its provisions. In compliance with this specificity, the endowment provisions were formulated according to the “legalization” mechanism, i.e., codifying the general jurisprudential source represented in Islamic jurisprudence in what serves as a doctrinal specificity of the Code, with the use of the “referral” mechanism, i.e., referring to Maliki jurisprudence as an official backup source for the Code, which serves as a doctrinal specificity of the Code of Endowments. In accordance with the same privacy and independence, the period of preparation of the code was known to be open to jurisprudence actors, whether Sharia or legal jurisprudence, as well as to Moroccan jurisprudence.

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