The Legal Nature of Last Will for Waqf in the Iranian and Egyptian Legal Systems
A will for waqf (Arabic: الوقف endowment of property) as one of the “wills” and legal acts which has been suspended to the death of a person has been paid attention to by the jurists and law scholars. But the nature of such will has been constantly disputed and they do not believe that there is no r...
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Razavi University of Islamic Sciences
2022-05-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_1310_d85506aeb62fbf4e58393bf01bae0385.pdf |
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| author | Sayyed Saeid Habibzadeh Mahdi Rashvand Boukani |
| author_facet | Sayyed Saeid Habibzadeh Mahdi Rashvand Boukani |
| author_sort | Sayyed Saeid Habibzadeh |
| collection | DOAJ |
| description | A will for waqf (Arabic: الوقف endowment of property) as one of the “wills” and legal acts which has been suspended to the death of a person has been paid attention to by the jurists and law scholars. But the nature of such will has been constantly disputed and they do not believe that there is no reconciliation between it and the wills of promissory (ahdi) and transfer of ownership (tamliki) but they think that because in the case of “a will” for waqf, transferring of ownership in relation to the testator’s property is occurred this category of “will” is placed under the third category i.e. a will for disposing off the property and besides “wills” such as a will for manumission (freeing slaves or a release from slavery) and ibra' (Arabic: ابراء waiver on the right of claim). But observing the present regulations in the two legal systems of Iran and Egypt, a will for waqf is counted as one of the instances of tamiliki wills. According to this type of will waqf for a property is enforceable just in the case of creation (making) of a will and without the need for an independent creation by the legatee (Arabic: موصی له al-mūṣā lahu) or legatees. In respect of being the legal entity in waqf assets (Arabic: موقوفة) in Iranian and Egyptian legal systems resulting independent assets, competence and the capacity of rights and duties for legal persons, as just the death of the legatee the asset itself extracts from his possessing -owning property- and transfer to the possessing of the legal person of waqf assets; therefore, a will for waqf with regard of transfer of ownership of testator’s property to the legal person of waqf assets is counted of a will of the transfer of ownership (tamliki). |
| format | Article |
| id | doaj-art-eda9a51fd4f648bab00a718de86a240f |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2022-05-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-eda9a51fd4f648bab00a718de86a240f2025-08-20T03:32:07ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902022-05-011425771010.30513/cjd.2021.288.10561310The Legal Nature of Last Will for Waqf in the Iranian and Egyptian Legal SystemsSayyed Saeid Habibzadeh0Mahdi Rashvand Boukani1An MA of Private LawAssistant professor at University of Judicial SciencesA will for waqf (Arabic: الوقف endowment of property) as one of the “wills” and legal acts which has been suspended to the death of a person has been paid attention to by the jurists and law scholars. But the nature of such will has been constantly disputed and they do not believe that there is no reconciliation between it and the wills of promissory (ahdi) and transfer of ownership (tamliki) but they think that because in the case of “a will” for waqf, transferring of ownership in relation to the testator’s property is occurred this category of “will” is placed under the third category i.e. a will for disposing off the property and besides “wills” such as a will for manumission (freeing slaves or a release from slavery) and ibra' (Arabic: ابراء waiver on the right of claim). But observing the present regulations in the two legal systems of Iran and Egypt, a will for waqf is counted as one of the instances of tamiliki wills. According to this type of will waqf for a property is enforceable just in the case of creation (making) of a will and without the need for an independent creation by the legatee (Arabic: موصی له al-mūṣā lahu) or legatees. In respect of being the legal entity in waqf assets (Arabic: موقوفة) in Iranian and Egyptian legal systems resulting independent assets, competence and the capacity of rights and duties for legal persons, as just the death of the legatee the asset itself extracts from his possessing -owning property- and transfer to the possessing of the legal person of waqf assets; therefore, a will for waqf with regard of transfer of ownership of testator’s property to the legal person of waqf assets is counted of a will of the transfer of ownership (tamliki).https://cjd.razavi.ac.ir/article_1310_d85506aeb62fbf4e58393bf01bae0385.pdfa will for waqfa will of transfer of ownership (tamliki)waqf suspended to the deathlegal personality |
| spellingShingle | Sayyed Saeid Habibzadeh Mahdi Rashvand Boukani The Legal Nature of Last Will for Waqf in the Iranian and Egyptian Legal Systems آموزههای فقه مدني a will for waqf a will of transfer of ownership (tamliki) waqf suspended to the death legal personality |
| title | The Legal Nature of Last Will for Waqf in the Iranian and Egyptian Legal Systems |
| title_full | The Legal Nature of Last Will for Waqf in the Iranian and Egyptian Legal Systems |
| title_fullStr | The Legal Nature of Last Will for Waqf in the Iranian and Egyptian Legal Systems |
| title_full_unstemmed | The Legal Nature of Last Will for Waqf in the Iranian and Egyptian Legal Systems |
| title_short | The Legal Nature of Last Will for Waqf in the Iranian and Egyptian Legal Systems |
| title_sort | legal nature of last will for waqf in the iranian and egyptian legal systems |
| topic | a will for waqf a will of transfer of ownership (tamliki) waqf suspended to the death legal personality |
| url | https://cjd.razavi.ac.ir/article_1310_d85506aeb62fbf4e58393bf01bae0385.pdf |
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