Professor of civil law at our college, Dr. Adel Shamran Hamid, participated in a doctoral dissertation committee on “Transfer of Ownership Transactions Concerning Unregistered Waqf Property – A Comparative Study,” submitted by student Muhammad Najm Sultan.
The study aimed to understand the legal and Sharia status of unregistered Waqf property, the rulings on transfer of ownership transactions related to it, and to identify the Sharia provisions related to unregistered Waqf property according to Islamic jurisprudence, as well as the mechanisms by which Iraqi legislation deals with the issue of registering Waqf properties.
The study reached several conclusions, most notably that a waqf in Islamic law means that the donor waives his right to ownership through the waqf, restricting its use to confinement, prohibiting its disposition, and making its benefits available to worshippers. The waqf becomes an object and a benefit for God Almighty. Furthermore, Islamic scholars differed in their interpretation of the nature of the waqf. Some stated that it is a unilateral act, while others stated that it is a forfeiture of rights. The latter is a classification that aligns with the provisions of Iraqi law pertaining to waqf.
Department of Media and Government Communication
College of Law – University of Karbala
