Feasibility Assessment of the Legitimacy of Replacing the Endowment Property in Islamic Jurisprudence Schools and Subject Laws of Iran

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Tabarsa Elham; Sadeghian Lamraski Mohaddeseh

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Journal Paper

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Journal: Legal Civilization Year:2024 | Volume:7 | Issue:20 Page(s): 123-142

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Information Journal Paper

Title

Feasibility Assessment of the Legitimacy of Replacing the Endowment Property in Islamic Jurisprudence Schools and Subject Laws of Iran

Author(s)

Tabarsa Elham | Sadeghian Lamraski Mohaddeseh | Issue Writer Certificate

Keywords

Replacement of Endowment

Islamic Jurisprudence

legitimacy

Subject Rights

endowment property

Abstract

Replacement, as one of the neglected ways in the field of the revival of endowments, has long been the center of debate among the early and late jurists. Islamic jurisprudents, both popular and Imāmiyyah, have commented on this. In the authoritative sources of jurisprudence and civil law of Iran, in exceptional cases, the sale of the endowment property is allowed, including when the endowment property is damaged or there is a strong dispute between the endowments. The endowment property cannot be bought and sold, and it is not permissible to carry out any legal act that causes the same endowment to be transferred to others, but sometimes there are circumstances and conditions that are necessary to preserve the endowment institution and the interests of the endowment, the sale of the endowment property becomes necessary, therefore, in the reliable sources of jurisprudence and civil law of Iran, in exceptional cases, the exchange of the endowment property is allowed. The present research, which is practical in terms of its purpose and descriptive-analytical in terms of its method, has studied jurisprudence books and examined the opinions of jurisprudents collected, and based on the opinion of the proposed opinions and the rights, it comes to the conclusion that the replacement of the endowment property despite the opinion Some opponents believe that it is possible to revive endowments under certain conditions, and it can be inferred that the source of the argument for not replacing endowment property by jurists was due to the establishment of a tyrannical government, and currently such a category has no relevance. And it is possible to use them optimally by accepting substitution.

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