The position of the intention of closeness in Waghf from the perspective of Islamic jurisprudence and Iranian law

Document Type : Research Paper

Authors

1 Associate Professor, Department of Law, Razavi University of Islamic Sciences, Mashhad, Iran.

2 Associate Professor, Department of jurisprudence, Razavi University of Islamic Sciences, Mashhad, Iran

Abstract

One of the arguments regarding the endowment among scholars and scholars is the question whether Foundation is one of the contracts and contracts and consequently there is no intention to serve it or that the endowment is one of worship and hence the intention to serve it. Are the conditions. The civil law, which has examined the rulings of the Foundation, has not issued a ruling on the necessity of consecrating the intention of Foundation. There are three views in jurisprudence among jurisprudence; some regard the intention to serve one's Foundations a condition of health; A group also elaborates on the distinction between the general Foundation and the special Foundation. In the present study, by using a descriptive-analytical method, relying on the library method and based on the authenticity of the infidelity, the accuracy of the infidel's endowment, the lack of reason for the necessity of serving the purpose has been concluded that the purpose of serving is not the endowed condition. The silence of civil law can also be traced to the acceptance of this theory.

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Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 16 May 2021

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History

  • Receive Date: 16 July 2020
  • Revise Date: 12 May 2021
  • Accept Date: 16 May 2021

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