İSLAM HUKUKUNDA VAKFIN KARAKTERINI DEĞIŞTIRMEK. HACI HODABARDI VAKFI ÖRNEGI
CHANGING THE CHARACTER OF THE ENDOWMENT IN ISLAMIC JURISPRUDENCE THE CASE OF HAJI KHOCA BADRI

Summary/Abstract: The issue of changing the form of the endowment is an old issue that the ancient jurists spoke about. Some of them looked at the issue with a view of interest, and if they saw the interest, they permitted it, whether the endowment was an investment or utilitarian endowment. The purpose of the endower of the investment endowment is to provide the revenue for the endowment, and changing it from one form to another does not take him out of the circle of investment, and for this there is no need for stagnation and strictness. As for the purpose of the endower of the usufruct endowment, the endowment is to benefit the endowment from the original endowment, and to convert it into an investment that takes it out of the circle of benefit, and for this it must be strict in changing it more than changing an investment endowment from one form to another. Hajj Khoda Bardi endowment is a residential endowment located in Al-Masfalah neighborhood in Makkah AlMukarramah, approximately 600 meters from the Holy Kaaba. It was endowed by Hajj Khoda Bardi from the state of Khotan, East Turkistan in 1933 AD. Since 2008, the endowment has been transformed into an investment endowment. Al-Nazir rented a building for the benefit of the endowment, and the beneficiaries lived in it. The research deals with the ruling of this conversion in terms of jurisprudence.

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