نوع مقاله : مقاله پژوهشی
عنوان مقاله [English]
The condition for validity of religious endowment (Vaqf) is that a founder of endowment (Vaqef) specifies the endowed (Mouqoof Aley’h), otherwise this endowment is invalid. For proofing this point had adduced to bellow reasons: consensus (Ejma’) of Shi’a jurisconsults, dissuasion from publicity and predication of Vaqf to certain person, absurdness of giving possession to an insecure person and non-existence of insecure person. Amid these reasons, except consensus, others are invalid, because the claim of dissuasion that Vaqf is invalid without endowed is not vested. Absurdness of giving possession to an insecure person also is not provable because Vaqf is a nominal issue and for its validity doesn’t need a certain place. For the last reason, also, with confirmation of conscience and the Hokm of jurisconsults become unacceptable. Between Soni sects, Hanifah and Malekiyah accept endowment (Vaqf) that doesn’t mention the name of endowed, because from their viewpoint the condition for endowed is being worthy for taking possession. While Shafe’iyah and Hanabalah believe that not specify the endowed is lead to invalidity of Vaqf.