تأصيل قاعدة: "يُفتى بكلِّ ما هو أنفع للوقفِ فيما اختلف العلماءُ فيه" ونماذج من تطبيقاتها القديمة والمعاصرة

Abstract

Abstract :

This research aims to establish the principle "Fatwas should be given for whatever is most beneficial for the endowment in matters on which scholars differ" by explaining its meaning, validity, regulations, and importance. It also seeks to illustrate examples of its applications, both ancient and contemporary. The ancient applications include the protection of endowment property from encroachment, the annulment of lease contracts, and Testimony by hearing regarding the endowment. The contemporary applications are represented in the endowment of money and the separation between the agency contract and the guarantee contract in endowments.