A Jurisprudential and Legal Analysis of the Sale of Endowed Property

Abstract

Studying the historical grounds of the institution of endowment, the present article investigates into this jurisprudential and legal concept. Taking a cursory look at the foundations and effects of endowment, it deals with the issue of sale of the endowed property. In this regard, supporting the principle of impossibility of sale of the endowed property, it takes the exceptional cases into consideration, i.e. destruction of the endowed property, fear of the destruction of the endowed property, destruction of a part of the endowed property, permissibility of sale of the endowed property originating from the relations of the beneficiaries of endowment,(fear of disputes and bloodshed), ameliorative substitution, necessity, and the condition of sale in endowment contracts. Finally a brief report of these regulations in other Islamic schools of law is presented.

Keywords

• sale of the endowed property
• destruction of the endowed property
• relations of the beneficiaries of endowment