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Title

RESEARCH ON THE LEGAL AND THEOLOGY CHALLENGES OF THE ISLAMIC AZAD UNIVERSITY WAQF PROPERTY

Pages

 Start Page 39 | End Page 58

Abstract

 The WAQF of the property of the ISLAMIC AZAD UNIVERSITY, in spite of political discussions, has some jurisprudential and legal challenges that can be considered about truth of this WAQF and the similar WAQFs of the future. The main issue in this research is to examine these challenges and find answers for each one. The LEGAL PERSONality of the the ISLAMIC AZAD UNIVERSITY has the capability to perform legal acts like WAQF as a genuine person, but the person do the WAQF and the managing director can only take possession of the property within the limits of the competency of the university (carrying out educational and research matters), and act outside of specialty such as godliness and gratuitous affairs and without regard to the interests of a LEGAL PERSON, it would invalidate action. The condition of ownership has done -except on these lands that has done WAQF or in mortgages or university land that are disputes- because the property of the university is private. Under the conditions of doing WAQF, the intention just for Allah can be based on the acceptance of criminal liability for a LEGAL PERSON and the possibility of supposed intention of it, but the condition for the acceptance of the WAQF by the ruler of the Islamic scholarship regarding the Azad University has not been observed.

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