R eview of the Justifiability of endowment of joint property and dividing it

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Abstract:
Studying of jurisprudential texts indicates that the validity of joint property is accepted by all jurisprudents and the civil law which is also based on the views of the jurisprudents validate the endowment of joint property like the endowment of divided property. From the evidences of validity of joint property it is possible to refer to generalities of validity of endowment which include the verses of the Holy Qur’an, which stipulate the remnants of the righteous as well as the current charity narratives, which include the dedication of financial rights, and also the public flow of endowment according to intention of benefactor. In addition to the generalities of validity of endowment, special narratives and the consensus of jurisprudents are also included as other evidences of validity of joint property, as well as the jurisprudents agree that division of endowment of joint estate is also permitted. Therefore, the jurisprudents are permitted division of joint and endowed property from free property in the form of partition and split with rejection, if the rejection is not endowed property. From their point of view, the evidences of validity of endowment division from free property is also the consensus of jurisprudents, absolute legal power and principle of no harm.
Language:
Persian
Published:
فصلنامه وقف میراث جاویدان, Volume:26 Issue: 101, 2019
Page:
85
https://www.magiran.com/p1923743