چکیده:
The history of endowments (waqf) and endowments has encountered many ups and downs. Many endowments have been misused and spent in ways outside the intention of the endower. While in specific political conditions and social crises such as war and the formation of new governments, many of these endowments were confiscated by the rulers of the time for their own benefit and for themselves. For this reason, throughout various Islamic centuries, specific organizations and bodies have always been designated to preserve and protect endowments. Based on this, even today in many Islamic countries, and especially in the Islamic Republic of Iran, laws have been passed that assign the duty of supervising endowments and all related matters to the Endowment and Charity Affairs Organization. At the same time, the Judiciary also constantly supervises how these matters are handled. Accordingly, this research studies the supervisory dimension of the Endowment Organization and its assigned duties in order to explain the various aspects of this matter.
خلاصه ماشینی:
The initial resolution of the parliament in Article 13 stated: &quot;Investigation into the collection and expenditure of revenues related to the waqf, issuing final accounts, matching expenditures with the provisions of the waqf-nameh, and identifying the mutawalli (manager), naazir (supervisor), and mawquf alayhim (beneficiaries)<EndNote No="8" Text="refers to an individual or individuals for whom the endowed property is dedicated to provide their benefits.
Based on this, it cannot be said that the legislator has accepted the organization's supervision in these cases and that the intention is discretionary supervision<EndNote No="9" Text="Collection of articles from the International Conference on Waqf and Islamic Civilization, Vol. 1, p.
In this regard, Article 78 of the Civil Code states: &quot;The waqif (endower) may appoint a supervisor over the mutawalli, such that the mutawalli's actions are subject to his approval or information.
From the perspective of legal scholars, the mutawalli, who is responsible for the matter of trusteeship, is the person appointed by the waqif to manage the endowment affairs, and the endowment must be in his possession<EndNote No="13" Text="Civil Law, Vol. 1, p.
In this regard, Article 78 of the Civil Code states: &quot;The waqif may appoint a supervisor over the mutawalli, such that the mutawalli's actions are subject to his approval or information.
But if the intention of the waqif is supervision in the form of approving the mutawalli's actions, the mutawalli must obtain permission from the supervisor in performing the acts of trusteeship<EndNote No="23" Text="Takmilat al-Urwat al-Wuthqa, Vol. 1, p.
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