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.

According to Shiite jurisprudential texts, the endowment (waqf) must be used for the purpose and intention of the endower, except in situations such as the destruction of the endowment object or the expiration of the endowment's formalities where the implementation of the endower's intention is not possible. In such cases, some jurists issue a fatwa allowing the use of the endowment where it is closest to the endower's purpose, while others oppose the use of the endowment for any other purpose. This paper, using a descriptive-analytical method, is divided into two parts: the first part examines the absolute expression of the endower's intention and whether expanding the circle of the endower's intention conflicts with the original intention or not. Using valid linguistic evidence, it can be proven that expanding the circle of the endower's intention does not conflict with the original intention. The second part deals with situations where the endower's purpose is fulfilled, but we want to add additional uses to the endowment. Different opinions of jurists are presented in this part, which requires further investigation, but ultimately, it is revealed by examining the words of the jurists that there is no conflict. By applying permission and disavowal, custom, and the rule of permission in an object, permission to extend the uses of the endowment is concluded. Careful examination of previous research shows that the subject of these studies is usually about the sale or conversion of the endowment, but in this article, the permission to extend the uses of the endowment is examined.

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.

The article introduces and re-reads the first endowment document from a collection 1 inked.

Getting affected from variations existing among religious jurisprudence propositions concerning the nature and consequences of the endowment (waqf) has resulted in the outbreak of different understandings among the law professionals from the Civil Code Articles containing the provisions for endowment. The relation between the substance of the endowed property to the endower (donor) and as a result possibility and impossibility of its return to him\her by ending of the endowment is one of the contradictory subjects. This study shows that despite opposing expressions of opinions, the Civil Code has not accepted the disconnection of ownership by endowment from the owner. This ownership has also not been transferred to the beneficiaries or to the endowment’s legal entity. As a result, the donor is allowed to bring about in the condition of endowed property changes, which are not contradictory to the beneficiaries’ rights. Besides, legal entity for the endowment has been considered without enough care and probably it is adopted by imitation; therefore, its usage, rights and responsibilities are not clear. Lasting of the ownership for the donor, results in a situation in which whenever the endowment due to any ending cause ends, complete dominance to the substance of th

In this paper, the authors are trying to find the correct view of Shiite jurists about the scope of dedication to the descendants and relatives of benefactor. The Famous Shiite jurists believe that if the offer of the devotion be absolute Without any constraint, granddaughter virtually can count as those to whom it is dedicated. Also according to the famous Shiite jurists, if the dedication is for the reletives, it isnot include girl descendants.The authors of the article after the jurisprudential documentation review, believes that such deductions include girl descendants by its real meaning as those to whom it is dedicated.

Currently, in Iran's legal system, the will of the endower has a crucial role in determining the custodian of the endowment, and the Articles 61 and 75 of the Civil Code assert that no one has the right to change or restrict the power of the explicitly determined custodian, and even in the case of treason the custodian, respecting the will of the endower, the legislator according to the Article 79 of the Civil Code foreseen to add a trustee to the custodian. However, in the legal system of Iraq, the expedient of the endowment and its beneficiaries is preferable to the will of the endower and, in accordance with the Article 19 of the Nezam Al-Motevallin if the actions of the custodian are in contradiction with the material of the endowment and its beneficiaries, due to breach of trust, the privilege of the endowment is dismissed. The results of the study of documents, laws and regulations, and the analysis of the text and content indicate that the approach of the Iraqi legal system that opts for the change of the explicitly determined custodian for the expedient of endowment and its beneficiaries has more positive effects compared with the legal system of Iran while emphasize on to keep the explicitly determined custodian for the respect of the will of the endower.

Different opinions have been presented regarding the validity or invalidity of an endowment in which the donor incorporates a condition under which in case of need, the endowment object returns to his property. The opponents of validity of this act either consider it void ab initio or believe that such act is in fact a surrender of property not endowment; since in any situation, endowment must be perpetual and the condition that the object returns to the donor contradicts the essential character of endowment and is against the requirements of endowment contract. The third category consider the endowment and the condition as valid. The origin of all of the above said theories is the issue of “requirement of perpetuity in endowment contract” and the possibility of incorporating a resolutory condition therein. The present research, after studying the current jurisprudential opinions in this connection and accepting the theory of non-requirement of perpetuity in endowment, has proven the correctness of “the validity of endowment on condition that the endowment object returns to the donor's property in case of need” and by examining the concept of resolutory condition in law has considered it as applicable to the condition incorporated in endowment contract and the authors believe that based on the theory accepted in Islamic jurisprudence, it is permitted to incorporate a resolutory condition in the endowment contract and  the condition of return of the object to the donor in case of need is its most obvious instance.

As soon as the Foundation is made, the objective right that existed between the endowment and the endowment property disappears and the endowment property becomes the property of the endowment legal entity. Therefore, without doubt, the Foundation cannot make any seizure in the Foundation; for example, it cannot exclude some of the Foundation against them from the number of Foundation against them. The question arises as to whether the Foundation can retain the right to expel some of the Foundation against them at any time, provided that the Foundation is written on condition. The Civil Code has remained silent in response to the present question. Jurists and scholars disagree on the answer to this question. Some have considered this condition to be correct, and some believe that such a condition is invalid, and some have elaborated on the differences between the minor and the major. In the present study, which is based on a descriptive-analytical method, it has been concluded that if the condition for dismissal of some endowments against them is by providing a criterion that after the endowment, some endowments against each other are automatically dismissed, this condition is correct and whenever the provisions of the condition giving authority to the Foundation to expel some of the endowments is against them, such a condition is invalid and ineffective.

Endowment is considered as one of the confirming institutions in the history of Iran. Benefactor managed the maintenance of the endowment by appointing a trustee for the endowments. Also, in some cases, it uses a person as an observer (approving or informing) to take care of the work in charge. The structure of endowment supervision in the Qajar era can be divided into two periods; the first period which was mostly managed by the clergymen, local trustees and benefactors’ relatives. And the second period was the time for lawfulness of endowment organization that its certain realization was expressed after constitutional in the 6th article of constitution in Sha’ban and also in the constitution amendment on Jumada al-Thani 19 th .During the study of 250 endowments related to Neyshabour in the Qajar era, we face 56 endowments in which the topics like supervisor (informational or ascertainment) and supervision of endowments are mentioned in the main text. From reviewing and comparing the text of these documents, we come to the conclusion that According to the provided text in each endowment, supervisors have three types of dependence on the benefactor; 10 Kinship relation between the supervisor and benefactor 20 Non-kinship relation between the supervisor and benefactor 3. Reliable people and local Trustees. Endowment supervision in Neyshabour community has mostly depended on the benefactor’s desire and choice and he/she often has given it over to himself or his reliable relatives. Succession process and extinction assumption is among factors which won’t stay away of the benefactor and usually the supervision was given over to scholars and local clergymen or from the beginning clergymen and local scholars supervised the endowments. Among other reliable people and local trustees were Sayyids who have supervised in some endowments.