R eview of the legal status of Fatawa and the opinions of the jurisprudents

Studying of juridical texts indicates that reference to Fatawa (religious decrees) and the opinions of the jurisprudents are located within the statutes and also the condition for referring to those verdicts is being silence, defect, ambiguity, conciseness or conflict of those laws regarding to discussed issue. The review of the statutes also indicates for this reason that there are no article in the current laws to enable the organization of land affairs or natural resources with reference to it, declare endowment lands national or waste land, consequently, the lands of the
endowment are still among the endowments. This is because according to consensus of opinions of jurisprudents, it is not permissible to remove the endowed property from the endowment mode. Therefore, natural resources are not entitled to declare endowment lands as unutilized or national in this field. On the other hand, regarding the capability to dedicate of national and unutilized lands also it must be said that since these laws are approved by the Islamic Republic of Iran and has a jurisprudential backing, consequently, those lands have not capability to
dedicating by reason of Non – ownership of them and any documents of endowment regarding those lands are also void.