This research examines the ruling on endowment (waqf) by an insolvent person in Islamic jurisprudence, clarifying the validity of such acts before and after judicial interdiction, along with related concepts such as debt, financial liability, interdiction, and insolvency. The study adopts an inductive and analytical methodology, referencing Islamic legal texts and juristic opinions. It concludes that Islamic law respects personal liability, and interdiction applies only to the property, not to the person’s legal capacity. Therefore, a waqf made before interdiction is valid, while after interdiction it is limited to non-restricted property. The research favors the majority opinion that a waqf is invalid if the debtor’s liabilities exceed their assets, as settling debts is a legal obligation that takes precedence over voluntary acts.

Title

مجلة العلوم الإسلامية

Publisher

الجامعة العراقية

Publisher Country

Iraq

Publication Type

Both (Printed and Online)

Volume

41

Year

2025

Pages

30