The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf

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Ghasemi Muhammad Hasan; YAZDANI GHOLAMREZA; Ostad Moadab Khoshrou Majid

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2021 | Volume:13 | Issue:23 Page(s): 249-270

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Information Journal Paper

Title

The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf

Author(s)

Ghasemi Muhammad Hasan | YAZDANI GHOLAMREZA | Ostad Moadab Khoshrou Majid | Issue Writer Certificate

Keywords

Waqf (Endowment)Q2

The beneficiaries of waqfQ1

Founder of waqfQ1

Condition (Provision)Q2

Abstract

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.

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APA: Copy

Ghasemi, Muhammad Hasan, YAZDANI, GHOLAMREZA, & Ostad Moadab Khoshrou, Majid. (2021). The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf. CIVIL JURISPRUDENCE DOCTRINES, 13(23 ), 249-270. SID. https://sid.ir/paper/403685/en

Vancouver: Copy

Ghasemi Muhammad Hasan, YAZDANI GHOLAMREZA, Ostad Moadab Khoshrou Majid. The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2021;13(23 ):249-270. Available from: https://sid.ir/paper/403685/en

IEEE: Copy

Muhammad Hasan Ghasemi, GHOLAMREZA YAZDANI, and Majid Ostad Moadab Khoshrou, “The Validation of the Condition of the Inclusion of non-Beneficiaries in Waqf,” CIVIL JURISPRUDENCE DOCTRINES, vol. 13, no. 23 , pp. 249–270, 2021, [Online]. Available: https://sid.ir/paper/403685/en

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