افاق للعلوم
Volume 11, Numéro 2, Pages 264-277
2026-03-12
The Impact Of Documentation On Strengthening Judicial Oversight Of Endowment Transactions In The Maliki School Of Thought
Authors : Sari Om Hani . Ameur Om Hani .
Abstract
Documentation is considered one of the most important mechanisms for strengthening legal and Sharia-based oversight in Maliki jurisprudence as it safeguards transactions and regulates rights. This is particularly evident in the field of endowments (waqf) which are based on continuity, the protection of interests, and the achievement of sustainable development. Therefore, this study aims to demonstrate the impact of documentation on strengthening judicial oversight of endowment transactions by highlighting its legal foundations in the Maliki school of thought, demonstrating its function as a means of proof before the judiciary, and its role in reducing disputes related to endowments. The study concludes that documentation effectively supports judicial oversight of endowments and their modern financing mechanisms by enhancing transparency, safeguarding rights and the endower’s will, and ensuring the sustainability of endowment resources against loss or disruption.
Keywords
Documentation: ; Judicial Oversight: ; Endowment Transactions: ; Mālikī School:
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