Culmination of Law

Culmination of Law

A research on the condition of "continuity" in the validity of waqf

Document Type : Original Article

Authors
Maysam Shoaib 1
mahmood akbari 2
Ahmad Ommi 3
1 PhD student in Fiqh and Fundamentals of Islamic Law, Ferdowsi University, Mashhad, Iran.
2 Assistant Professor, Department of Law, Ayatollah Borujerdi University, Borujerd, Iran
3 Assistant Professor, Private Law Department South Tehran Branch,, Islamic Azad University, Tehran, Iran.
10.22034/thdad.2024.2021722.2696
Abstract
The present essay has analyzed the well-known hypothesis of jurists regarding the conditionality of durability in the validity of endowment, with a descriptive-analytical method. For this point of view, evidences such as the consensus, the adoption of tabīd in the nature of endowment, the use of the word endowment in ravayat, intellectual obstacles and some special ravayat have been mentioned. Their analysis has come to the conclusion that none of them can prove such a claim. The main reason for requiring this condition is the consensus of madraki, and it even has opponents, even from the predecessors. The special evidences and the established ravayat are not able to prove such a claim because according to the evidence, the nature of endowment did not require the necessity of tabīd, and the word endowment did not have such a meaning neither in terms of words nor modification. Another result is that according to the basis of jurists who consider endowment as a type of possession, since it is a property of credits, there is no prohibition that can be limited, and according to the basis of tahibis or iqaf ain it is general and includes both permanent and temporary Or it is interrupted and special ravayi evidences have considered it subject to the will of the endowment. Lastly, durability is a requirement of the definition of endowment, not that it is required of its essence, and it was clarified carefully in the expressions, discussion and arguments of the jurists in the issue of interrupted endowment According to the basis of the conditionality of durability in temporary endowment, the view of correctness as endowment in interrupted endowment also faces problems.
Keywords
permanent adverb
temporary endowment
interrupted endowment
eternal endowment

Subjects

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Culmination of Law
Volume 11, Issue 3
Winter 2026
Pages 293-320