Review the Permission of endowment of the oppressor governments

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Abstract:
One of the issues that is being discussed about the oppressor governments is the scope of their ownership right and consequently, the permission to dedicate the property. There are different views among the jurisprudents about the possibility of ownership of the property by the state. Some believe that the state does not have religious ownership and consequently the property that is in possession, is considered of unknown ownership. Some of the jurisprudents believe that the oppressor government like the Islamic state has Lawful and rightful ownership and his authority is based on presiding over the Islamic country and in protecting the interests of Muslims and some of the jurisprudents while accepting state ownership, it is considered to be type ownership and believe that the possession needs to permission or premission of fully qualified religious law expert. Undoubtedly, the acceptance of each of these views is effective in examining the permission or lack of permission of the endowment from the oppressor government, in such a way, if state ownership is fundamentally denied the ultimate belief that we can, is the unauthorized endowment but if its ownership is accepted this question suggests that is ownership of the state, as well as the ownership of legal persons, which, except in cases where the law and religions law have made exceptions, does not need to authorization in other cases or is it the ownership of the natural persons which is correct and operative without requiring to authorization and premission of the religious judge or like the ownership of the direction, would require the premission of the religious judge? In response, it can be said that although the jurisprudents do not have a single view on the possibility and the domain of government ownership but based on the view of religious ownership, the government can carry out the legal acts conditional on being the owner and if the religious guardian jurisprudent authorize its Legal measures the endowment will also be validated by the oppressor government.
Language:
Persian
Published:
فصلنامه وقف میراث جاویدان, Volume:26 Issue: 103, 2019
Page:
41
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