A Comparative Study of Reversibility of Waqf (Endowment) in Iranian Law and Common Law with an Eye on Imam Khomeini’s Jurisprudential Thought

Some of jurists and lawyers consider that dissolution stipulation within Endowment utterly are void and this is in contrary to nature of Endowment whereas other experts among imam khomeini believe that these terms within Endowment are right . Actually , according to second group's opinion, validity of such stipulation- based on canonical texts- is fettered by "generation of endower subsequent need to endowed property after it's formation". In addition, based on general reasons, recent theorists have no doubt about veracity of absolute (not conditional) stipulation in the Endowment. In this topic, all mentioned reasons by jurists and lawyers about nullity of termination and dissolving terms within endowment are criticized and so the accuracy of such terms seems correct. In analysis of trust considering this legal institution must be described based on foreign law, thus stipulation of such terms within that is allowable and it has no legal prohibition.