Document Type : scientific
Author
Assistant Professor, Department of Theology, Faculty of Humanities, Bu Ali Sina University, Hamadan, Iran.
Abstract
Waqf has significant capacity to address emerging human needs. A well-known condition for its validity in Imami jurisprudence is the beneficiary's eligibility for ownership, which has led to declarations of invalidity for endowments on animals. This article employs a descriptive-analytical method to examine whether critiquing this condition can establish the validity of endowments on animals. Findings reveal this condition stems from the "Waqf as transfer of ownership" theory—a historically contested theory with rivals like "dissolution of ownership" or "legal personality of the endowment institution." Even accepting the transfer theory, this condition applies only to "endowment upon a person," not "endowment upon a purpose." Endowment on animals can be categorized as "endowment upon a purpose," as its indirect yet vital benefits (ecological balance, food security, human health) serve society as a "legitimate purpose." Thus, rejecting the universality of the eligibility condition provides jurisprudential grounds for validating such endowments, extending this tradition to environmental protection and wildlife conservation.
Keywords
- Waqf (Endowment)
- Eligibility of the Beneficiary for Ownership
- Validity of the Beneficiary's Ownership
- Endowment on Predators
- Endowment on Wild Beasts
- Endowment on Birds
Main Subjects
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