نوع مقاله : علمی پژوهشی
استادیار جامعة المصطفی العالمیه قم و مدرس سطوح عالی حوزه علمیه قم
عنوان مقاله [English]
he eternity of Waqf is one of the conditions that the great (grand) jurists have stated for the validity (authenticity) of Waqf. This condition makes it hard for some good people to either not be able to do so or to give up their possessions forever in a way; so that they are not even transferred to their descendants; but if a solution can be offered, many may be devoted to these matters such as temporary endowment or endowment for a profession and endowment for an industry or endowment of money or endowment for spiritual privileges and the like, and spiritual rewards and rewards of the hereafter will be given to donors (al-wāqifīn, founders) by solving many problems of society. We believe that a new and analytical study of the arguments existed in the Qur'an and Sunnah on the subject of Waqf can rule to the validity of such Waqfs (awqāf, endowments) by believing in the active ijtihād and the responsiveness of Islam, because there are eight reasons for the eternal condition of Waqf, none of which has the power to prove this condition and in contrast to the generalities that indicate the validity of contracts, and in particular, the generality of al-wuqūf bi-ḥsab mā yuwaffiquhā ahluhā (Arabic:
الوقوفُ بِحَسَبِ ما یُوقِفُها أَهْلُها, i.e. in accordance with what the endowment has determined and act in accordance with his endowment must be in endowments and in other words; any condition or characteristic set by the donor in the Waqf must be observed) which is stated in ṣaḥīḥ (Arabic: صحیح, authentic, true) Saffār, indicates that the temporary endowment is valid and at that time, donor (wāqifī) does not have the right to take possession of the endowment (Waqf) for sale (Arabic: بَیْع, Bayʿ), gift (Arabic: هبة, Hiba), compromise (Arabic: صُلْح), and any contract that he or she wants to transfer from his/her property, although some scholars are skeptical about this and allow the transfer in an unprofitable manner until the end of the endowment. In other words, temporary endowment in all its rulings is like the interrupted endowment for others that during the life of the endowment beneficiary person that donor (wāqif) does not have the right for transferring acts (Arabic: تصرفات ناقلة) and contrary (inconsistent) to the endowment beneficiary person’s right, but after their passing (death), the endowed property removes the state of endowment and transfers to the donor (wāqif)’s property if he is alive and transfers to his heirs in the event of his death.