جستجوی مقالات مرتبط با کلیدواژه "واقف" در نشریات گروه "فقه و حقوق"

Waqf is of the juridical acts after its establishment, the relation between founder of waqf (Arabic: واقف waqif) with the Waqf asset (Arabic: موقوف mawquf) is dissociated and there is no real right for waqif in relation to the waqf asset. Since there has been stated a question if waqif can stipulate a condition within the waqf that he can add new persons as beneficiaries of waqf or not in future. If the contract is absolute, mostly, most of the researchers and Islamic jurists believe that for the interruption the relation between waqif with the waqf asset (mawquf), there is not the possibility of the inclusion and adding new persons to the beneficiaries of waqf. But there is disagreement between scholars if it is stipulated the inclusions of new persons to the beneficiaries of waqf. Some scholars believes that this clause is void therefore it is impossible to add new persons, in contrast to them, some other scholars believe that this condition is valid and the exigency of the believers must fulfill their conditions ”المومنون عند شروطهم“ makes waqif have this right. In this paper based on the analytic-descriptive method, this outcome has been taken that if the content of the provision is the authority of waqif to possess the waqf asset and to include everyone to the beneficiaries of waqf he desires, this provision is void.

Endowment is of a particular status in Muslim societies and endowers play an effective role in promoting Islamic rituals and furthering the governmental objectives. Sometimes it happens that the endowers conclude the contract of the endowment in a way that the first receivers of the endowment are valid and existent while the next ones are invalid, or in a case where the endowment to the next receivers becomes illegitimate as in endowment to the infidels. If this is the case, there is a disagreement between Imami jurists and Sunni thinkers over the status of the endowed property after the death of the endower or the beneficiary. The jurists who provide response fall into these groups: Some of them consider the contract intrinsically invalid and illegitimate, while some call it valid. The ones who consider it invalid are of two views: 1. the endowed property on the account of the durability of the endowment contract should be devoted to the charity. 2. The endowed property should be returned to the heirs of the beneficiary so that the endowment would find continuation. Results of the study demonstrate that the contract of endowment is abolished by the termination of the ones the property is devoted to and the endowed property is given back to the endowers. The present study has been conducted through a descriptive-analytic method and by means of reliance on the library resources.

Waqf can be considered as one of the good traditions of Islamic societies, which of course has existed in other forms in other societies as well, which shows that this good tradition is also rooted in the pure nature of humanity. It has created the illusion that time should be spent only on this property, which has deprived the endowment institution of a large part of the wealth in society, which is the current credit money. Feasibility study of endowment of credit money, which is in fact the money of our time and its license is in Islamic jurisprudence, And the importance of this issue is due to the fact that it is not taken into account in the laws, and for this reason, we have examined the opinions and reasons of the proponents and opponents in this field and it was seen that it is possible to dedicate credit money in jurisprudence.

Except in some cases, impermissibility of changing the waqf is a matter of the jurisprudents` consensus. But concerning the reason of its impermissibility, there is no agreement between them. Some believe that its reason is religious ordinance which prohibited it. Some others say that the waqf`s nature is a form conflicting with any change, and all the narrations that imply prohibition, have aspect of approval, not legislation and establishment. The third group says that the cause of impermissibility of transferring the waqf is that after settler endowment, the subject of endowment is removed from its settler`s ownership and no longer, falls into the ownership of anyone and the property is removed from the ownership. Between the mentioned three theories, the second is acceptable and defensible due to which the endowment has no religious nature, and it is a human covenant, which it occurs and is current beyond religion and faith in all the periods and among all the nations of the universe. In addition, it has historical and narrative circumstances of evidence.

According to Fiqh and Islamic law, Waqf is defined as allocating part of one’s possession for a certain good purpose. In other words, waqf is supposed to be free from narcissism and profiteering and devoted to altruistic activities. In some cases, however, Waqif ( founder ) signs waqf contract so that he benefits from it. Now the question raised here is whether the mentioned waqf is correct or not The present study revealed that self-endowment, paying waqif’s debts and expenses out of Mawqufa’s benefits, waqf for Nafagha and the condition under which al-Mawqufa ( the property given as waqf ) can be given back to waqif are voided while waqf on public beneficiary, waqf on offspring and parents, and waqf allocating the interests for a given period and the interests for waqif’s lifespan is correct.