Legal procedures to determine the Status of ruined Mosques and Hosseinieh

One of the challenges that is raised about the ruined Mosques and Hosseinieh is permission or lack of permission for the assignment of the estate of that endowment. Therefore, the review of this subject requires to contemplation in the legal and juridical sources to clarify this important issue by reviewing the thought of the jurisprudents and the statute. The review of these texts indicates that some jurisprudents believe that there is no difference between the mosque and other endowments and with the proving of one of the authorization of the sale of endowed property, mosque surface will be transferable but with the consensus of the jurisprudents are not correct the sale of mosques and this lack of permission is also based on the truth of endowment in relation to mosques which is separation of estate but the endowment of Hosseinieh and prayer rooms are not the separation of estate and it is an example of the endowments to the public and the regulation of mosques do not govern them. Thus, exiting this dilemma is that by resorting to methods such as renting mosques surface and the assignment of their key-money, reconstruction by natural persons and providing Banking Loans and Facilities to revive or reanimate of that endowments and focus on the survival of mosques surface and their lack of transfer take efforts in order to replacing the sale of mosque and the construction and reconstruction of these endowments.