waqf (mortmain) of money

نویسندگان

مهدیه رضایی

کارشناسی ارشد فقه ومبانی حقوق دانشگاه پیام نور واحد قم. محمد صدری

هیأت علمی و مدیر گروه فقه و مبانی حقوق دانشگاه پیام نور واحد تهران جنوب محمدرضا آقاجانی قناد

هیأت علمی گروه فقه و مبانی حقوق دانشگاه پیام نور جعفریه

چکیده

in islamic texts, waqf of money was restricted to dirham and dinar, for the only prevailing money in early islam has been these two kinds. definitions of waqf presented by jurists as “imprisoning the concrete property” resulted in restriction of waqf to those things benefitting of which would not lead to their destruction. consequently, expanding the scope of waqf became almost impossible. as today the concept of money has undergone fundamental changes and has become of a conventional and not a concrete nature, this question may be raised whether waqf of money is lawful. thus, it could be supposed that restriction of waqf to concrete properties and to those things benefitting of which would not lead to their destruction should be a matter of reconsideration.

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