An Examination of the Legitimacy of the Terminated Endowment and the Fate of the Endowed Property after the death of the Endowment Owners

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Varedi Sayyid Taqi

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Journal Paper

Paper Information

Journal: FIQH Year:2021 | Volume:28 | Issue:3 (107) Page(s): 122-149

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Information Journal Paper

Title

An Examination of the Legitimacy of the Terminated Endowment and the Fate of the Endowed Property after the death of the Endowment Owners

Author(s)

Varedi Sayyid Taqi | Issue Writer Certificate

Keywords

Legitimacy

waqf

non-permanent endowment

terminated endowment

endowed property

Mawqufon Alayh

Abstract

The institution of waqf (endowment) is a God-pleasing deed, which for the waqif is considered as Baqiyat al-Salihat (ever-abiding good works), and for the Mawqufon Alayh (beneficiaries), it satisfies the needs. The Imamiyah jurists unanimously agree upon the validity of the waqf in a timeless form, but there is no consensus between them about the temporary waqf (in which time is specified) and the terminated (Munqati') waqf (which is terminated for the Mawqufon Alayh). The current study deals with the type of Munqati' waqf, which has two main pillars and Imamiyah jurists disagree on both of them. The Legitimacy of the waqf and the fate of the endowed property after the death of the Mawqufon Alayh. The research findings show that there are two conflicting views on the Legitimacy of the terminated waqf: validity and invalidity. Considering that the terminated waqf is not different in nature from the timeless waqf, the view of the validity of the waqf is approved and regarding the fate of the endowed property after the death of Mawqufon Alayh, despite the differences between views of the jurists, the continuation of its endowment in public works that are close to the motivation of the Waqif (endower) is subject to rational and narrative arguments. Therefore, the endowed property is not given to the waqif and Mawqufon Alayh's heirs.

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APA: Copy

Varedi, Sayyid Taqi. (2021). An Examination of the Legitimacy of the Terminated Endowment and the Fate of the Endowed Property after the death of the Endowment Owners. FIQH, 28(3 (107) ), 122-149. SID. https://sid.ir/paper/951886/en

Vancouver: Copy

Varedi Sayyid Taqi. An Examination of the Legitimacy of the Terminated Endowment and the Fate of the Endowed Property after the death of the Endowment Owners. FIQH[Internet]. 2021;28(3 (107) ):122-149. Available from: https://sid.ir/paper/951886/en

IEEE: Copy

Sayyid Taqi Varedi, “An Examination of the Legitimacy of the Terminated Endowment and the Fate of the Endowed Property after the death of the Endowment Owners,” FIQH, vol. 28, no. 3 (107) , pp. 122–149, 2021, [Online]. Available: https://sid.ir/paper/951886/en

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