The correctness of the referring condition of endowment in the jurisprudence of Islamic denominations.

Document Type : Original Article

Authors

1 PhD student,University of Tehran Kish International Campus,Tehran.Iran.

2 Assistant Professor, Faculty of Law and Political Science, Department of Private Law, University of Tehran,Tehran.Iran

10.22034/mfu.2024.140534.1392

Abstract

Abstract
The endowment is one of the good traditions that has a long history and is known in all religions as an institution that has roots in moral and human qualities and has had a significant impact on various social issues. However, it seems that in the current period, the approach of society's people to endow their property has faded. Although economic factors are not without influence in this issue, many people avoid endowment of their property despite the social concern and helping their fellows, due to the limitations in the endowment rulings, including the impossibility of recourse to endowment in times of need. This article, which is written in a descriptive-analytical method, deals with the feasibility of endowment from the point of view of Islamic religions. The basic question is, can it be stipulated in the endowment contract that if the need is fulfilled, the person aware of the endowment will refer to the endowment and return the endowment to his ownership?
, considering the condition of reference to be correct, consider the fulfillment of the endowment to be excluded and consider the contract that has been fulfilled as imprisonment. In this research, by examining the approach of jurists of Islamic schools towards the nature of endowment and examining their reasons, and then by providing a definition of the condition of durability in endowment, the correctness of the reference condition is proven.

Keywords

Main Subjects

Comparative Studies on the Schools of Jurisprudence and its Principles

Articles in Press, Accepted Manuscript
Available Online from 23 April 2024

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