GENERAL PRINCIPLE AND RULE OF NOT ALLOWING FOR ENDOWMENT SELLING

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BEHZAD FARAJ; IRANI ASL MOHARRAM

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Journal: RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW Year:2011 | Volume:3 | Issue:8-9 Page(s): 72-93

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Title

GENERAL PRINCIPLE AND RULE OF NOT ALLOWING FOR ENDOWMENT SELLING

Author(s)

BEHZAD FARAJ | IRANI ASL MOHARRAM | Issue Writer Certificate

Keywords

ENDOWMENT SELLINGQ2

TYPES OF ENDOWMENTQ2

NOT ALLOWING FOR ENDOWMENT SELLINGQ2

CASES OF ENDOWMENT SELLINGQ2

Abstract

In the context of ENDOWMENT SELLING, the general principle and rule doesn’t allow for selling. Those who believe in this general principle and rule refer to contracts, terms and consideration of the truth and meaning of endowment due to some reasons such as consensus, consideration of endowments issued by Imams (Peace be upon them), inconsistency of ENDOWMENT SELLING with trinary equities (equity of God, equity of endower, equity of endowed person). Based on the various classifications of the endowment, there are various ideas about whether this general principle and rule is applied for all TYPES OF ENDOWMENT or in some types this can be ignored. Some believe that one can never and by no mean ignore this general principle and rule. Some others believe that although you can ignore that in interrupted endowment, this principle and rule persist in permanent endowment. Some synoptically prescribe selling of endowment in permanent endowment. Some believe that in some occasions you can sell both endowments (permanent and interrupted). Some others by doing another classification of endowment such as direction based endowment, general endowment and special endowment have stated various views. This general principle and rule can also be considered in the top of article 349 of civil constitution. In some certain cases, civil constitution also approve of permitting ENDOWMENT SELLING. Based on the words and views of theologians and Iranian civil constitution it can be concluded that this general principle and rule can be ignored in most of the different TYPES OF ENDOWMENT if licenses for selling endowment have been offered.

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APA: Copy

BEHZAD, FARAJ, & IRANI ASL, MOHARRAM. (2011). GENERAL PRINCIPLE AND RULE OF NOT ALLOWING FOR ENDOWMENT SELLING. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, 3(8-9), 72-93. SID. https://sid.ir/paper/255270/en

Vancouver: Copy

BEHZAD FARAJ, IRANI ASL MOHARRAM. GENERAL PRINCIPLE AND RULE OF NOT ALLOWING FOR ENDOWMENT SELLING. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW[Internet]. 2011;3(8-9):72-93. Available from: https://sid.ir/paper/255270/en

IEEE: Copy

FARAJ BEHZAD, and MOHARRAM IRANI ASL, “GENERAL PRINCIPLE AND RULE OF NOT ALLOWING FOR ENDOWMENT SELLING,” RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, vol. 3, no. 8-9, pp. 72–93, 2011, [Online]. Available: https://sid.ir/paper/255270/en

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