Normality of the waqf's nature (endowment) on permissibility of change and transformation

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.