Provisions Related To Building On Endowed Lands In Imami And Hanafi Jurisprudence And Iraqi Law

The endowment is one of the matters beloved by God, the Blessed and Exalted, but there are aspects in it that have remained the subject of research for scholar, This is due to the possibility of its expansion and building resources on its lands, with the collection and realization of the legitimate authority, and this authority can be used to enact laws in the Iraqi state; Here lies the problem of research in the suspension of the Iraqi codified in many of these provisions; This is due to the lack of accurate reference to it in Islamic jurisprudence, and even if there are laws in Iraqi law, most of them are not consistent with what is found in Islamic la. Accordingly, the research focused on finding appropriate solutions to solve this basic problem and presenting it to the Iraqi codified when preparing the formulation of laws with those provisions, Iraqi law in line with jurisprudence in general and its various applications, and this topic is of great importance; Because of its frequent affliction, the research dealt with this issue despite the presence of previous studies that were not focused on the therapeutic aspect The nature of the research results in a comparison between the Imami and Hanafi jurisprudence and Iraqi law in the jurisprudence provisions related to construction on endowed lands, and the results of the research are also the amendment of Iraqi laws that do not comply with Islamic law in the field of those provisions, while making the laws consistent with Islamic legislation, and abolishing laws The Iraqi law is completely incompatible with Islamic law, with the necessity of following divine legislation, and applying it smoothly. Research, by its nature, is applied research; And that is by reviewing three prominent models, and the research has taken the inductive method, and moved to present its parts in the manner of the comparative analytical method, to end up with important fruits by which the student comes to know the nature of the provisions related to building on endowed lands in the Imami and Hanafi jurisprudence and the ratifications of the articles of Iraqi law, in its most form In accordance with Sharia law in the present and the future.