A New Approach to Modification of Waqf (Endowment) of Money According to the Nature of Waqf and Money

Prior to the emergence of the monetary economy, most of the owqaf have focused on the waqf of real estate. However, with the monetary economy becoming more widespread, the discussion of waqf of money has found a very special status in scientific communities. Regarding waqf of money there exists discrepancy of ideas among fuqaha. The origin of this difference is the existence or non-existence of shart-e baqa’ in farz-e intefa’ on the property of the endowment. Through the three approaches of the method of the antecedent, legal method, and ertekazi method, the current study attempts to prove that the nature of the money and the nature of the endowment is the survival of the endowed property on the basis of the premise that profit should remain continuous, that is, it should not be finished or decreased in value. Then, by constructing a rational argument, the study proves that whatsoever has the possibility of being preserved on the condition of the survival of the profit, its endowment is lawful. Money per se possesses the value, and has the possibility of survival in farz-e intefa’ (i.e., has the ability to survive in the assumption of profits), and according to the above reasoning, waqf of money is not against waqf laws. From this perspective, this library research can be regarded as a step forward in the idea of ​​modification of the waqf of money. Accordingly, the study seeks to correct the waqf of money on the basis of the nature of waqf and money in the economy through antecedent, legal, and ertekazi methods. In addition, employing ertekazi method in recognizing the nature of waqf and money is one of the suggestions of the research.