Investigation of Correcting and validating methods of endowment of monarchs and their relatives

Author(s):
Message:
Abstract:
In different times, monarchs of autocracy and their relatives endowed part of their occupied properties to provide their interests, while many parts of them were obtained through illegal ways like as usurpation , huge and uncommon taxes, forced transactions, detention of necessary salary of citizens, occupation of Anfal lands (Properties that do not have special holder and are under possession of governments in all systems ) including meadows and forests, deforcing in Muslims’ public treasury and occupation of others’ endowed properties. Therefore,
there is the doubt of endowment illegitimacy of these endowed properties. Investigation of juridical texts indicates that since benefactor must be owner of the endowed property , In order to correcting and validating these endowments, the decree of legitimacy of these endowed properties must be issued by using ways like as using of the edict of awards by monarch, referring to Yad principle (the ownership and dominance of person on his/her property), correctness ( legitimacy) principle and proving of endowment of monarchs by religious judge.
Language:
Persian
Published:
فصلنامه وقف میراث جاویدان, Volume:25 Issue: 99, 2018
Page:
31
https://www.magiran.com/p1923712  
سامانه نویسندگان
  • Baqeri، Ebrahim
    Author
    Baqeri, Ebrahim
    Researcher Law and jurisprudence, مرکز تحقیقات فقهی حقوقی قوه قضائیه قم ایران
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