The concept and nature of endowment and state of ownership of endowed property in the Islamic(Imamiyeh) jurisprudence and civil law of Iran

Abstract

The endowing means withholding of corpus of property and consumering its benefits for good aims. Endowing is a legal act but there are differences about its nature. Some of Islamic jurists believe that it is a unilateral act and others believe that it is a contract. There are also differences about state of ownership of endowed property: some of Islamic jurists believe that settler of endowment is owner of it and others believe that beneficiary of endowment is owner of endowed property, a group believe that God is owner endowed property. In this research, the concept and nature of endowment is discussed. The state of ownership of the endowed property is discussed too. We will see that endowing is a contract and ownership of the endowed property is belonging to a legal person that exists with endowing.

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