Studying the historical grounds of the institution of endowment, the present article investigates this jurisprudential and legal concept. Taking a cursory look at the foundations and effects of endowment, it addresses the issue of the sale of endowed property. In this regard, while supporting the principle of the impossibility of selling endowed property, it takes into consideration the exceptional cases, 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 among the beneficiaries of the 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.
Shekari, R. and Karimian, E. (2011). A Jurisprudential and Legal Analysis of the Sale of Endowed Property. Journal of Islamic Law Research, 11(2), 89-120. doi: 10.30497/law.2012.1062
MLA
Shekari, R. , and Karimian, E. . "A Jurisprudential and Legal Analysis of the Sale of Endowed Property", Journal of Islamic Law Research, 11, 2, 2011, 89-120. doi: 10.30497/law.2012.1062
HARVARD
Shekari, R., Karimian, E. (2011). 'A Jurisprudential and Legal Analysis of the Sale of Endowed Property', Journal of Islamic Law Research, 11(2), pp. 89-120. doi: 10.30497/law.2012.1062
CHICAGO
R. Shekari and E. Karimian, "A Jurisprudential and Legal Analysis of the Sale of Endowed Property," Journal of Islamic Law Research, 11 2 (2011): 89-120, doi: 10.30497/law.2012.1062
VANCOUVER
Shekari, R., Karimian, E. A Jurisprudential and Legal Analysis of the Sale of Endowed Property. Journal of Islamic Law Research, 2011; 11(2): 89-120. doi: 10.30497/law.2012.1062
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