Ph.D. Dissertation at the University of Kerbala Discusses Property Transfer Transactions on Unregistered Endowed Real Estate

A Ph.D. dissertation at the College of Law, University of Kerbala, titled “Property Transfer Transactions on Unregistered Endowed Real Estate – A Comparative Study”, was discussed by the doctoral candidate Mohammed Najm Sultan.

The study aimed to explore the legal and religious status of unregistered endowed real estate, the rulings related to property transfer transactions involving it, and to clarify the Islamic jurisprudential provisions governing such properties.

The research concluded with several key findings, most notably that, under Islamic Sharia, endowment (waqf) signifies the endower relinquishing their ownership rights by placing the property in a state of suspension and prohibiting further disposition of it. Additionally, Islamic jurists have differed in defining the nature of endowment: some consider it a unilateral legal act, while others view it as a relinquishment of rights. The latter interpretation aligns more closely with the legal framework of Iraqi law concerning endowments.