This study aims to clarify the jurisprudential regulations governing the conditions set by donors in family endowments (waqf dhurri), through an applied analysis based on the records of the Sharia Court in Jerusalem. The objective is to analyze endowment texts from a jurisprudential perspective, deduce the intentions of the founders, and propose contemporary alternatives for implementing their conditions in a manner that aligns with evolving temporal and spatial contexts. The study adopts a descriptive, analytical, inductive, and comparative methodology by tracing, analyzing, and comparing the relevant texts with established jurisprudential principles. The research is structured around several key themes, including: the concept of jurisprudential regulations and the pillars of waqf, the rules for interpreting donors’ wording, the principles of managing and investing endowments, and the judiciary's authority over waqf matters. One of the study’s main findings is that a valid waqf must fulfill its legal pillars, including intention and designated beneficiaries. It further concludes that the interpretation of endowment conditions must consider the donor’s intent or prevailing customs in cases of ambiguity. The study affirms that family endowments are governed by precise Sharia-based guidelines that ensure their continuity and equitable distribution among beneficiaries. The study recommends updating waqf regulations to accommodate modern needs—such as environmental and scientific initiatives—digitizing endowment documentation, and strengthening both legal and religious oversight to ensure their sustainability.

Keywords: Family endowment, jurisprudential regulations, donor conditions, Jerusalem Sharia Court.

Title

مجلة جامعة الزيتونة الدولية

Publisher

جامعة الزيتونة الدولية

Publisher Country

Syria

Publication Type

Online only

Volume

39

Year

2025

Pages

30