Volume 25, Issue 90 (summer 2020)                   __Judicial Law Views __2012__, 25(__59__): __224131 | Back to browse issues page

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daraei M H. Revocation of Endowment. دیدگاه‌های حقوقی 2020; 25 (90) :113-131
URL: http://jlviews2.ujsas.ac.ir/article-1-945-en.html
Judicial Sciences and Administrative Services University , dr.daraei@yahoo.com
Abstract:   (1111 Views)

Endowment under Islamic law is a permanent type of contract which cannot be revoked and it is a consensus among Shiite jurisprudents. It is a kind of contract which has been based upon a religious thoughts as well as provides great heavenly reward and includes social and economic effects. These are special characters which lead Endowment to be a more concrete contract with special imperative rules.

But, a survey regarding jurisprudent books shows that, some of them sometimes let Endowment to be revocable by special stipulations in the contract, which is against the consensus on irrevocability of an Endowment. Although most of the Shiite jurisprudents accepted these stipulations, but some others are against them. In this article arguments relevant to both ideas are considered.

These stipulations are not accepted under the civil law of Iran and it can be deducted from it that Endowment cannot be revoked and are bounded from the time of contract.

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Type of Study: Research | Subject: Pivate Law
Received: 2017/01/28 | Revised: 2022/12/28 | Accepted: 2019/11/28 | Published: 2020/08/31 | ePublished: 2020/08/31

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