نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشجوی کارشناسی ارشد حقوق خصوصی، گروه حقوق، دانشکده الهیات و معارف اسلامی، دانشگاه میبد، یزد، ایران.
2 استادیار گروه حقوق دانشکده الهیات و معارف اسلامی دانشگاه میبد، یزد، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The assistance of the Islamic society is one of the goals of waqf (Arabic: اَلْوَقْف), the realization of which depends on the perfect role of the components, and its efficiency will be reduced or completely destroyed as long as a problem is faced by it. The necessity of continuing to benefit from mawqūfāt (the properties endowed) is the recognition of the “harms of the life of naked ownership”. The present study has identified the damages by using the case study method of “Meybod city of Yazd province”, after compiling the information of semi-structured interviews with experts in the field of awqāf and library resources. The most important damages can be categorized by considering the damages that are caused by the four main factors of “waqif” (Arabic: واقِف, the donor), “custom” (Arabic: عُرْف), “Administration of Awqāf” (Persian: اداره اوقاف) and “government”, in cases such as “lack of scrutiny in the preparation of waqf document, institutionalization of inappropriate opinions such as customary wages rights, lack of ideal efficiency of the Awqāf organization, and non liquet (commonly known as lacuna in the law) such as the lack of a specified adjudication system”. These are the authors’ suggestions for the realization of the ideal and goal of endowment: “Enculturation through explaining the concepts related to endowments or Awqāf”, “more supervision of the lease contracts of mawqūfāt or the properties endowed in order to violate the rights of mawqūfāt or the properties endowed resulting from the customary wages rights and explaining the right of the public affairs of wages rights to the public”, “re-revision of the legislature in the regulations related to waqf to avoid non liquet (commonly known as lacuna in the law)”, “updating the revenues resulting from mawqūfāt or the properties endowed, such as underwriting in designing new formats for obtaining them”, and “paying more attention to human resources in Administration of Awqāf”.
کلیدواژه‌ها [English]
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