Comparison between the trust laws in the Republic of Senegal and Islamic law

The trust system is one of the oldest and most important charity institutions known in the Islamic civilization. It is also one of the most influential in the Islamic society. On the one hand, human content, social and economic benefits in this ancient system, as well as the guidance, defense and education function are the reasons of its success in Muslim life and history over the past centuries. On the other hand, Islamic law regulated the rules and laws of the civilized human system to achieve the goals and objectives required of it, just as the scholars, jurists, wise and Muslim leaders worked to strengthen their role in the achievement of the foundation system. Based on good intentions, bringing goodness and benefit to the people of the nation of Islam and blessing the aim of Islamic Sharia was the purpose of their fight. The trust takes its legitimacy from the two main sources of Islamic legislation, namely the Quran and the Sunnah of the Prophet. This legitimacy means that their honorable companions have adopted foundations that have been unanimously accepted by Muslims and scholars throughout their lives and the history of Islam. Aware of the effectiveness of this tool of solidarity, the government of Senegal has adopted a social policy that aimed at reducing unequal opportunities, facilitating access to basic social services, redistributing welfare, protecting the most socially vulnerable, and organizing national solidarity. In addition, it aimed to facilitate the implementation of donation projects by establishing a legal framework. In this context, the study has been prepared to protect the properties of the notables of the foundation, and to preserve its conditions. It also aims at securing the temporary or permanent status of the foundation, to create a legal reference for its acquisition and the ones that already existed and will emerge later.