A Critical Revision on the Condition of the Eternity of Endowment

The important role of waqf (endowment) in religious, moral, cultural, social and economic issues has made it one of the basic jurisprudential issues. The endowment is dividable in different aspects. One of its division is in respect of time. Waqf in terms of time is either absolute or limited. The v...

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Main Author: Rahmatollah Karimzadeh
Format: Article
Language:fas
Published: Semnan University 2023-11-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_6415_b69aaa2b074c36f93238e6597f01f03f.pdf
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author Rahmatollah Karimzadeh
author_facet Rahmatollah Karimzadeh
author_sort Rahmatollah Karimzadeh
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description The important role of waqf (endowment) in religious, moral, cultural, social and economic issues has made it one of the basic jurisprudential issues. The endowment is dividable in different aspects. One of its division is in respect of time. Waqf in terms of time is either absolute or limited. The validity of absolute waqf is accepted by all jurists, but time-bound waqf has not been accepted by majority, although some, not a few, have accepted its validity. The purpose of this article is to examine the question of whether the reasons for the condition of the eternity of waqf can prove this condition, and as a result, the time-bound waqf becomes invalid, or not? After a brief explanation of the temporary and eternal endowment, this study evaluates the reasons for the condition of eternity of endowment in a descriptive-analytical manner and follows the hypothesis that these reasons not only do not limit the validity of the endowment to the eternal endowment. Rather, by reviewing the truth of the endowment and explaining the reasons for the theory of the validity of the temporary endowment, its correctness can be strengthened. Proving the validity of this type of endowment has many fruits that guarantee the necessity of this discussion.
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spelling doaj.art-caf58961f2814457999eb7a1cfbcb2032024-02-23T23:28:07ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302023-11-011532315010.22075/feqh.2022.26269.31736415A Critical Revision on the Condition of the Eternity of EndowmentRahmatollah Karimzadeh0Assistant professor of Razavi University of Islamic Sciences, Mashhad, Iran.The important role of waqf (endowment) in religious, moral, cultural, social and economic issues has made it one of the basic jurisprudential issues. The endowment is dividable in different aspects. One of its division is in respect of time. Waqf in terms of time is either absolute or limited. The validity of absolute waqf is accepted by all jurists, but time-bound waqf has not been accepted by majority, although some, not a few, have accepted its validity. The purpose of this article is to examine the question of whether the reasons for the condition of the eternity of waqf can prove this condition, and as a result, the time-bound waqf becomes invalid, or not? After a brief explanation of the temporary and eternal endowment, this study evaluates the reasons for the condition of eternity of endowment in a descriptive-analytical manner and follows the hypothesis that these reasons not only do not limit the validity of the endowment to the eternal endowment. Rather, by reviewing the truth of the endowment and explaining the reasons for the theory of the validity of the temporary endowment, its correctness can be strengthened. Proving the validity of this type of endowment has many fruits that guarantee the necessity of this discussion.https://feqh.semnan.ac.ir/article_6415_b69aaa2b074c36f93238e6597f01f03f.pdfeternal waqf؛ temporary endowment؛ correctnessinvalidity
spellingShingle Rahmatollah Karimzadeh
A Critical Revision on the Condition of the Eternity of Endowment
مطالعات فقه و حقوق اسلامی
eternal waqf؛ temporary endowment؛ correctness
invalidity
title A Critical Revision on the Condition of the Eternity of Endowment
title_full A Critical Revision on the Condition of the Eternity of Endowment
title_fullStr A Critical Revision on the Condition of the Eternity of Endowment
title_full_unstemmed A Critical Revision on the Condition of the Eternity of Endowment
title_short A Critical Revision on the Condition of the Eternity of Endowment
title_sort critical revision on the condition of the eternity of endowment
topic eternal waqf؛ temporary endowment؛ correctness
invalidity
url https://feqh.semnan.ac.ir/article_6415_b69aaa2b074c36f93238e6597f01f03f.pdf
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