Waqf (6) - مجلة کانون وکلا مقالة

ملخص الجهاز:

In neither of the aforementioned cases will the endowment be valid, because endowment on a deceased person is, by the consensus of Islamic scholars in general and Shia jurists in particular, void, and the Civil Code also explicitly considers endowment on a non-existent entity to be void. Rather, the consequence and effect of the said condition is greater than other conditions; because although from the perspective of the Civil Code, firstly, slave trading has been prohibited and abrogated in its former form and in our era there are no slaves for us to discuss their rights, and secondly, a fetus is an existing entity that enjoys civil rights, and in this case, endowment on it also presents no problem, but even by accepting and confirming the theory of the Iranian Civil Code regarding slaves and fetuses, we still say that the condition that the beneficiary (mawquf alayh) must have the aptitude, capability, and ultimately the capacity for ownership, has great consequences and effects; because if the aforementioned matter is a condition, the endowment on mosques, aqueducts, graves, shrines, and pirs (holy men's tombs) will not have legal status, as none of them possess the capacity and aptitude for ownership and enjoyment of civil rights. To clarify the matter, provide a summary explanation of the mentioned articles, and state the philosophy behind the reason for stipulating the aforementioned matters regarding the beneficiary, the following points and topics must be discussed: 1- Is endowment a transfer of ownership?