A jurisprudential study of Law No. 16 of 1973 AD. Abolishing the hereditary endowment in Libya.
DOI:
https://doi.org/10.51984/johs.v24i2.4363Keywords:
Law No. 16 of 1973 AD, Abolishing_the_hereditaryAbstract
This research is concerned with studying the law of abolishing the hereditary endowment, presenting the explanatory memorandum attached to it, and studying the reasons and justifications mentioned therein, which made this law a basis. This study will show in its first section the ruling on the hereditary endowment according to the jurists, and the evidence of its legitimacy, then it will discuss in its second section the law of abolishing the hereditary endowment, and the reasons mentioned in its explanatory memorandum, and explaining the extent of the truth of these justifications, and whether they rise to be an argument for abolishing the hereditary endowment, and whether there are alternatives to avoid these problems while keeping the hereditary endowment. The study has reached the most important results, which are that the endowment is one of the beauties of Islamic law, and it was legislated to achieve great principles, and that the correct and abundant evidence indicates the legitimacy of the endowment, whether it is family or charitable, and that the distinction between them is a new term, and that the frauds/corruptions mentioned in the family endowment are not in the origin of the legislation but in the deprived/poor application, and that the cancellation of the hereditary endowment in reality is not a matter of restricting the permissible that the guardian is authorized to do for the benefit, but rather it is in reality a prohibition of what God has legislated.
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