The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf
V 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 stipula...
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Razavi University of Islamic Sciences
2021-05-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_1296_9f30596868229511e707fbb83547059e.pdf |
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| _version_ | 1839608470250192896 |
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| author | Muhammad Hasan Ghasemi Gholam Reza Yazdani Majid Ostad Moadab Khoshrou |
| author_facet | Muhammad Hasan Ghasemi Gholam Reza Yazdani Majid Ostad Moadab Khoshrou |
| author_sort | Muhammad Hasan Ghasemi |
| collection | DOAJ |
| description | V 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 ”المؤمنون 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. |
| format | Article |
| id | doaj-art-a02daf55ac8b439bbfb02ca05e130b2c |
| institution | Matheson Library |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2021-05-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-a02daf55ac8b439bbfb02ca05e130b2c2025-07-31T10:14:38ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902021-05-01132324927010.30513/cjd.2021.1977.13661296The Validation of the Condition of the Inclusion of non-Beneficiaries in WaqfMuhammad Hasan Ghasemi0Gholam Reza Yazdani1Majid Ostad Moadab Khoshrou2Assistant professor at Razavi UniversityAssistant professor at Razavi UniversityStudent in 3rd level of howzeh-ye elmiyehV 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 ”المؤمنون 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.https://cjd.razavi.ac.ir/article_1296_9f30596868229511e707fbb83547059e.pdfwaqf (endowment)the beneficiaries of waqffounder of waqfcondition (provision) |
| spellingShingle | Muhammad Hasan Ghasemi Gholam Reza Yazdani Majid Ostad Moadab Khoshrou The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf آموزههای فقه مدني waqf (endowment) the beneficiaries of waqf founder of waqf condition (provision) |
| title | The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf |
| title_full | The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf |
| title_fullStr | The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf |
| title_full_unstemmed | The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf |
| title_short | The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf |
| title_sort | validation of the condition of the inclusion of non beneficiaries in waqf |
| topic | waqf (endowment) the beneficiaries of waqf founder of waqf condition (provision) |
| url | https://cjd.razavi.ac.ir/article_1296_9f30596868229511e707fbb83547059e.pdf |
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