A JURISPRUDENTIAL AND ECONOMIC STUDY OF OWNERSHIP IN ‘WAQF’

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JAHANIYAN NASER

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Journal: EGHTESAD-E ISLAMI Year:2010 | Volume:10 | Issue:38 Page(s): 5-32

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Information Journal Paper

Title

A JURISPRUDENTIAL AND ECONOMIC STUDY OF OWNERSHIP IN ‘WAQF’

Author(s)

JAHANIYAN NASER | Issue Writer Certificate

Keywords

WAQFQ3

OWNERSHIPQ3

MAUQOFA [ENDOWED ASSET]Q3

WAQF DEED [WAQF NAMAY]Q3

LEGAL PERSONQ2

EFFICIENCYQ3

Abstract

There exists a difference of opinion between the jurists with regards to OWNERSHIP of the asset which has become subject of ‘WAQF’ [mauquf]. Is the benefactor or owner of the asset [waqif], the owner? Or are the beneficiaries [mauquf alayhim], the owners? Or is Allah [SWT], the owner? Or is there a difference in rulings between private WAQF and public WAQF, such that in the former the beneficiaries are the owners while in latter Allah [SWT] is? Or the asset put to WAQF does not need an owner at all and is an artificial LEGAL PERSON, which has principle and corollary elements and has a law named MAUQOFA [ENDOWED ASSET]nd a trustee (mutawalli), supervisor (nazer), judge, law and ultimately the ‘waliy-e-faqih’ [Jurist who is in Authority] is responsible for protection and promotion of benefits of this LEGAL PERSON in the society? Discussion regarding this topic rectifies the view of all parties involved in matters of WAQF. Such a modification will result in reformation of the institution of WAQF. The hypothesis of this research is that: “Considering the LEGAL PERSONality of the asset put for WAQF, along with the model presented in Imam Ali’s (AS) practice, which adds a condition of change in mauqufa whenever the benefits in the WAQF deed [WAQF namay] decrease, will provide a route for reformation of the institution of WAQF.” The research method is descriptive-analytic. The results show that such an institution will increase the capacity of spirituality, a just growth and EFFICIENCY inside an Islamic society.

Cites

STUDY THE ENDOWMENT EFFECT ON ECONOMIC DEVELOPMENT OF AHVAZ CITY

References

نهادهای وقفی و خیریه در امریکا

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APA: Copy

JAHANIYAN, NASER. (2010). A JURISPRUDENTIAL AND ECONOMIC STUDY OF OWNERSHIP IN ‘WAQF’. EGHTESAD-E ISLAMI, 10(38), 5-32. SID. https://sid.ir/paper/99717/en

Vancouver: Copy

JAHANIYAN NASER. A JURISPRUDENTIAL AND ECONOMIC STUDY OF OWNERSHIP IN ‘WAQF’. EGHTESAD-E ISLAMI[Internet]. 2010;10(38):5-32. Available from: https://sid.ir/paper/99717/en

IEEE: Copy

NASER JAHANIYAN, “A JURISPRUDENTIAL AND ECONOMIC STUDY OF OWNERSHIP IN ‘WAQF’,” EGHTESAD-E ISLAMI, vol. 10, no. 38, pp. 5–32, 2010, [Online]. Available: https://sid.ir/paper/99717/en

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