The Right of “PAZIREH” in the Iranian and Other Islamic Countries’ Legal Systems and the Analysis of its Alternative Methods in the Endowments

The right of Pazireh or offering is a new concept that has no history in Iranian law and it is a privilege that is created for a person in the endowment of a property and the extension of its lease. Its nature can be considered as a condition in the lease contract. Its considerations are, on the one hand, the right and authority to create buildings under the subject of lease (endowment) and on the other hand, to pay an amount in the name of the Pazireh to the Endowments Administration. The institution similar to this right in the Islamic countries, such as Egypt and Malaysia, is a right called the right of "Hokr". Despite such beneficial aspects as increasing the endowments incomes, promoting the purpose of development and productivity of the endowment and helping to organize the growing population in need of housing, there are challenging issues such as the violation of the endowment rights due to the long lease period and the creation of a permanent right for the tenant on the endowment land, the ambiguity of provisions and the waste of the rights of owners, legal problems caused by the combination of the rights of the owner on the endowment area and the methods of transferring of the buildings.Alternative practical methods, which discuss the right of Pazireh in some Islamic countries like Malaysia or Turkey, such as endowment funds and charitable foundations, have been established to maintain their endowments and make them more productive, which can compensate for the shortcomings. Adopting a descriptive-analytical approach, the present study introduces various viewpoints in this regard.