Document Type : Original Article

Authors

• Seyyed Mostafa Saadat Mostafavi ¹
• Ali Sedghi ²

¹ Associate Professor of the Department of Private Law at Imam Sadiq(a.s) University

² of Private Law at Imam Sadiq(a.s) University

Abstract

The endowment (Waqf) is a well-established tradition that has been rooted in all civilizations, religions and civilized nations of the world. Among these civilizations, two great civilizations of Iran and Egypt can be mentioned in this regard. What has been attempted to respond in this research is the Functions of the Endowment in the System of Iran and Egypt, with Emphasis on Islamic Jurisprudence. Based on this, we first defined the endowment (waqf) in two legal systems of Iran and Egypt, and given that these two countries are both Islamic countries, we reviewed the wagf institution in Islamic jurisprudence. Then we examined the functions of this institution in the two systems of Iran and Egypt in terms of economic and social dimensions and we compare the two systems together. In order to improve these functions, it is necessary to modify its legal function in order to obtain the maximum benefit and use from this institution. Which of these effective functions is a condition for the endowment that is not accepted in the jurisprudence of Iran. And if this condition is placed in a dedication contract, it will be considered void. This is the case if this institution has been accepted in Egypt.

Keywords

• Endowment (Waqf) Functions
• Iranian Legal System
• Egyptian Legal System
• Islamic jurisprudence