أثر الإكراه علی الهبة والوقف

The Effects of Ikrāh (coercion) on Hibah (gift) and Waqf (Endowment)

  • Dr. Syed Bacha Agha Assistant Professor, Government Postgraduate College, Saryab Road, Quetta
  • Dr. Muhammad Khubaib Assistant Professor, Department of Islamic Studies, The Islamia University of Bahawalpur, Pakistan
  • Dr. Ikram ul Haq Al Azhari Professor (Visiting), International Islamic University, Islamabad
Keywords: Islamic law, Shariah, ikrāh, hibah, gift, waqf, endowment

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 in Pakistani 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 with a 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 forces for 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.

Published
2020-06-29
How to Cite
Agha, Dr. Syed Bacha, Dr. Muhammad Khubaib, and Dr. Ikram ul Haq Al Azhari. 2020. “أثر الإكراه علی الهبة والوقف”. Journal of Islamic and Religious Studies 5 (1), 115-29. https://doi.org/https://doi.org/10.36476/JIRS.5:1.06.2020.06.
Section
Articles