الابتكارات الوقفية في دولة الإمارات العربية المتحدة وتطوراتها : دراسة فقهية مقاصدية

Abstract

This research discusses the various types of innovative endowments and their application in the UAE from jurisprudential and maqasidic perspectives and also explains how to combine the constancy-based endowment and changeable innovation. The research starts with studying the concepts related to innovation, waqf, maqasid and fiqh, and then attempts to respond to the suspicions of those who oppose the idea of waqf. Moreover, it addresses the need of waqf’s revival through the realization of public interest in it, citing and discussing the jurists' opinions, and choosing the strongest among them, which allows ample space for creativity and innovation in the field of waqf. In addition, the research supports the legality of innovation in waqf, which brings benefit to the endowment itself, endowers and to those for whom the endowment is made. Then it explains the definition of innovated waqf and its Shari`ah ruling. The research also highlights the accomplishments of the UAE in the field of various innovative endowments, citing the role of the institutional and legal systems in promoting endowment innovation and fulfilling its legitimate objectives. The researcher used the inductive method for collecting information, documents and laws related to waqf and their authentication. The descriptive method was used to categorize and highlight the different kinds of innovated waqf, and to examine these innovative kinds of waqf through the field study, visits and meetings with the authorities concerned with the endowment and its development and those working in it. The researcher also employed the analytical method, i.e. after collecting, describing and classifying information, data were analyzed juristically and maqasidically, so that the research could establish the necessity of introducing innovation in endowment as well realizing the public interest to preserve and develop endowment and increase its proceeds. The conclusion of the research mentions the findings and recommendations, including the definition of innovative endowment and shows that the types of innovations in endowment in the UAE have not deviated from the waqf related jurisprudential rules and their Shari`ah objectives; likewise, the institutional and legislative systems related to endowment in the UAE too have not deviated from the waqf related jurisprudential rules, taking into account the best formulas and rulings that benefit the endower, the endowment and the beneficiaries. The research also recommends further strengthening the culture and understanding of waqf by introducing academic courses on innovative endowment in schools and universities, holding conferences and seminars, establishing awards for the best innovations and endowment practices, and establishing an international institute for the waqf of the Islamic World with its headquarters in Dubai.