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Conditions Concerning Endowed Properties | Islamic Laws by The Leader Ayatullah Ali Khamenei

 


Conditions Concerning Endowed Properties


 


Q2004. A group of people raised a sum of money with a view to buying some property and using it as a Husayniyyah. Should their work in raising the money entitle them to set up the endowment under the title of Husayniyyah or do they have to take a power of attorney from the donors?


A: If they were acting as agents for the donors in preparing the property to be used as a Husayniyyah after they had bought it, setting up the endowment deed in their capacity as agents of the donors would be valid.


 



Q2005. Can natural forests and public grazing lands — that no one did anything to bring them into existence — be designated as endowment trusts, especially when they are enshrined in Article 45 of the Constitution of Islamic Republic as anfal?


A: For the endowment to be valid, the property has to be lawfully owned by the would-be donor. Since natural forests and public grazing lands, that constitute anfal and public property, i.e. not private property, no one has jurisdiction over designating them as endowments.


 


Q2006. A person bought a share of arable land and registered it in the name of his son. Is it permissible for him to set the land aside for charitable purposes?


A: Registering the property in the name of someone is not a criterion for shari ownership of the person in whose name the property was registered. Should the father, having bought the land and registered it in the name of his son, have granted the land to his son whereby the latter actually took possession of it, he has no right to set it aside as endowment because he is no longer the owner of the land. Yet, if he had transferred the title deed to the name of his son and remained the de facto owner of the land, he would still be its shari owner. He should, therefore, have the right to assign it as an endowment.


 


Q2007. If the officials of the Oil Company and Civil Land Organization allocate some lands under their control for building masjids/seminaries and recite the endowment deed and deliver the lands for the same purpose, Are the lands considered as endowed properties to which endowment rules are applied?


A: If the lands are among public property of the government and are allotted to certain usage, one cannot endow them. However, if they are dead lands without any owner but under the control of the Oil Company or Civil Land Organization, there is no problem in changing them into usable lands by building majids/seminaries or the like with the permission of the authorities.


 


Q2008. Is it permissible for the Municipality to endow its land for public establishments?


A: This is subject to the remit of the authority of the municipality and the nature of the property. Should it be among the properties which can be endowed by shar for public establishments, such as dispensary, hospital, masjid, etc., there is no objection to that. However, the municipality should have no jurisdiction over the lands earmarked for its sole purposes.

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