İslam Hukukunda Para Vakfi ve Türk Hukukunda Yeniden Etkinleştirilme İmkâni

Islamic law emerged as a comprehensive system designed to apply across all times and places, aiming to establish justice, maintain social order, and fulfill societal interests. It regulates all aspects of life, contributing to both individual moral development and social harmony. Among its key mechanisms is the waqf (endowment) system—an innovative financial tool central to Islamic civilization. Waqf significantly shaped Muslim societies by supporting education, aiding families, and founding mosques, hospitals, and other public services. Within its types, cash waqf (para vakfı) holds special significance due to major scholarly disagreements over its permissibility. Some scholars permitted it, while others opposed it, leading to extensive debate because of its vital social and economic role. Cash waqf proved highly effective, particularly during the Ottoman period, when it flourished remarkably. However, it declined and eventually ceased a few years after the Turkish Republic’s proclamation, prompting questions: Was its disappearance due to a legal prohibition, or other factors? Is it possible to revive cash waqf under current Turkish law? This research explores the concept of cash waqf, its legal rulings, and the potential for its revival today. It adopts an inductive-analytical approach, examining jurisprudential and historical sources, alongside an analysis and Arabic translation of relevant legal articles. The study concludes that the cessation of cash waqf was not due to an official legal ban but rather a gradual decline in popularity and practice. Moreover, current Turkish legislation does not prohibit the establishment of cash waqfs; rather, it provides clear regulations for their implementation.