چکیده انگلیسی(103): تفاوت بین نسخه‌ها

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نسخهٔ کنونی تا ‏۱۲ اکتبر ۲۰۱۹، ساعت ۲۲:۳۶

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The study of the mosque and the seminaryof Sheikh Abdul Hussein (Founder, Pious foundation, architecture)

Ali Ghanbarian1 [۱]

Abstract

One of the historical monuments of Tehran city is the mosque and the seminary of Sheikh Abdul Hussein, who has always been a shelter from science since its inception so far and its impact on any sensitive periods of time of Iran's history from the Constitutional Revolution to the Islamic Revolution of the Iranian people is perceptible. From the deliberative meetings of scholars and personalities to the fiery sermons of revolutionary people, each of which has in turn played a decisive role in the process of the victory of the revolution. About 150 years after the construction of these two buildings still becomes effective uses of them. The present paper is trying to peruse the mosque and the Sheikh Abdul Hussein's seminary known as Sheikh al-Araqein for the founder, architecture, pious foundation, date of construction, professors, and so on. Because of the great interest to Sheikh al-Araqein , Amir Kabir placed him on his executor and asked him to make a mosque and school of one-third of his assets in order to the remainder of the good deed will be considered for him. Sheikh Abdul Hussein acted to Amir Kabir's will with diligence and built a mosque and school in the Tehran market, but because of the wrath of the family of Naser-al-Din Shah Qajar to Amir Kabir and refuse to name it Amir Kabir, this school was named Sheikh Abdul Hussein. This school became famous with the name of Sheikh Abdul Hussein and the mosque is also known as the Azerbaijani mosque and the Turkish mosque. Waghf, Miras-e-Javidan Autumn 2018, No. 103

Key words

Sheikh al-Araqein, The mosque of Sheikh Abdul Hussein, The seminary of Sheikh Abdul Hussein, Amir Kabir's pious foundation, Pious foundation of Qajar period.

The position and role of endowment in the foundationsof Islamic modern civilization

Seyed Mahmoud Mousavi [۲] Seyed hamed Mousavi [۳]

Abstract

Designing and reviving the modern Islamic civilization based on the valuable foundations and Basic Principles of Islam that are presented comprehensively and globally and beings appropriate and responsive to all aspects, needs and capacities of mankind is one of the highest goals of the Islamic Republic of Iran. Undoubtedly, one of the most important ways to achieve the ideal position of Islamic civilization is the manifestation of the spirit of charity and sacrifice in the form of an endowment good tradition. The institution of endowment is the road and door of Islamic civilization and the philosophy of canonization of endowment and its ultimate cause is the achievement of a comprehensive and permanent civilization that reviving of this civilization will not be possible without it. The main idea of this article is considering that the endowment is an investment to removing charitable permanent needs, has social identity and by creating structures and organization based on the needs of community and transforming private ownership into communal and public ownership, is a large social institution Which is effective in all aspects of society, including culture, economics, politics, education and security. That's why it can be said that the endowment determines the social system of Islam in which the political system is based on that social system and the sustainability of civilization and political system is due to the sustainability of the endowment entity. In this paper, while studying the foundations governing on Islamic civilization, are also examined the role and mission of endowment and pious foundation in these foundations.

Key words

Endowment, Islamic civilization, Foundations of Islamic civilization, Islamic modern civilization.

Review the registration of the synagogue ofthose possessing biblesand their dispute with the Organization of Endowments

Hossein Farhoodi [۴]

Abstract

One of the disputes that exists between the Jewish Committee and the Real Estate Registration Organization is registration of the documents of Jewish synagogues in favor of the endowments organization. This disputes comes from the belief of followers of the Jewish religion because they believe that there is no institution called "waqf" (Endowment) in their religion and consequently, the above synagogues belong to the community of the Jewish. Accordingly, resolving this disputes depends on examining such issues the existence or absence of the "waqf" institution in the Jewish religion as well as the duty of the people of the book (Non-Muslims who follow a revealed book) in nonpersonal status. Based on what is explained in this paper, it will be clear that firstly, the waqf identity is not specific to the Islam religion and it is current and well known among other divine religions and even those who have not followed any creed and religion and the claim of the loss of waqf in the Jewish religion not only is the claim without any backing and free of any truth but the endowment has been current and common between the Jewish people and the followers of this religion, Secondly, the people of the book residing in Iran, in non-personal status are under the laws of the Islamic Republic of Iran, not following to their religion, therefore, since the endowment and whatever is considered as an endowment is not among the personal status, consequently, they are obedient to the laws of Iran. Hence, if the endowment of the disputed synagogue is known to the local reputation or other definite document, it is a definitive example of the endowments to the public and otherwise, it is considered a matter of public affairs, which are also endowments. Waghf, Miras-e-Javidan Autumn 2018, No. 103

Key words

Jewish synagogue, Registration of documents and lands, Jewish religion, Waqf institution (Endowment), Personal status.

Legal procedures to determine the Statusof ruined Mosques and Hosseinieh

Morteza Fayaz [۵]

Abstract

One of the challenges that is raised about the ruined Mosques and Hosseinieh is permission or lack of permission for the assignment of the estate of that endowment. Therefore, the review of this subject requires to contemplation in the legal and juridical sources to clarify this important issue by reviewing the thought of the jurisprudents and the statute. The review of these texts indicates that some jurisprudents believe that there is no difference between the mosque and other endowments and with the proving of one of the authorization of the sale of endowed property, mosque surface will be transferable but with the consensus of the jurisprudents are not correct the sale of mosques and this lack of permission is also based on the truth of endowment in relation to mosques which is separation of estate but the endowment of Hosseinieh and prayer rooms are not the separation of estate and it is an example of the endowments to the public and the regulation of mosques do not govern them. Thus, exiting this dilemma is that by resorting to methods such as renting mosques surface and the assignment of their key-money, reconstruction by natural persons and providing Banking Loans and Facilities to revive or reanimate of that endowments and focus on the survival of mosques surface and their lack of transfer take efforts in order to replacing the sale of mosque and the construction and reconstruction of these endowments.


Key words

Ruined Mosque and Hosseinieh, To transfer of endowed property, To lease or rent of endowed property, Construction and reconstruction.

Review the Permission of endowmentof the oppressor governments

Ibrahim Baqerio [۶]

Abstract

One of the issues that is being discussed about the oppressor governments is the scope of their ownership right and consequently, the permission to dedicate the property. There are different views among the jurisprudents about the possibility of ownership of the property by the state. Some believe that the state does not have religious ownership and consequently the property that is in possession, is considered of unknown ownership. Some of the jurisprudents believe that the oppressor government like the Islamic state has Lawful and rightful ownership and his authority is based on presiding over the Islamic country and in protecting the interests of Muslims and some of the jurisprudents while accepting state ownership, it is considered to be type ownership and believe that the possession needs to permission or premission of fully qualified religious law expert. Undoubtedly, the acceptance of each of these views is effective in examining the permission or lack of permission of the endowment from the oppressor government, in such a way, if state ownership is fundamentally denied the ultimate belief that we can, is the unauthorized endowment but if its ownership is accepted this question suggests that is ownership of the state, as well as the ownership of legal persons, which, except in cases where the law and religions law have made exceptions, does not need to authorization in other cases or is it the ownership of the natural persons which is correct and operative without requiring to authorization and premission of the religious judge or like the ownership of the direction, would require the premission of the religious judge? In response, it can be said that although the jurisprudents do not have a single view on the possibility and the domain of government ownership but based on the view of religious ownership, the government can carry out the legal acts conditional on being the owner and if the religious guardian jurisprudent authorize its Legal measures the endowment will also be validated by the oppressor government. Waghf, Miras-e-Javidan Autumn 2018, No. 103 Ive

Key words

Endowment of the oppressor government, Ownership right, Religious ownership, Religious judge.

The responsibility of the municipality in taking possessionof the lands of endowment

Mohammad Hassan Imamverdi [۷]

Abstract

With the destruction and reconstruction of the endowed properties in the assumption of the assignment of an endowment surface with the right of possession of the substances to the tenants and inclusion of the comprehensive urban plan for that endowed property, the extent of municipal responsibility for implementing the above plan towards the tenants of the endowment on the one hand and how the responsibility of those possessors towards the organization of endowments on the other hand is raised which should be done for solving such issues by studying the relevant laws and regulations. It should be noted that municipalities are obliged to implement plans drawn up by urban supreme authorities but the implementation of these plans should not be in conflict with the right of ownership of individuals. Therefore, the review of the statutes states that the municipalities are responsible for taking possession of the lands of the endowment and are obliged to pay the price to the day's justly value except in cases where the endowments are applying for entrance into the area of municipal services and the municipalities subordinate agreeing with this request to free acquire part of that lands. Regarding the responsibility of tenants of endowments in the assumption of damages to those endowments can also be said that the organization of endowments can take legal action against a tenant who has occupied with the proving of civil liability.


Key words

Tenant of endowment, Municipality, Destruction and reconstruction, take possession of the lands of the endowment.

How and method to bring an action about the extinction of bendficiaries of an endowment and prove it

Jafar Elahi [۸] Reza Mohaqeqian [۹]

Abstract

Some of the benefactor may determine in their deed of endowment that in the event of the extinction of particular bendficiaries of an endowment, that endowment, become an endowment to the public. This affects the status of the benefits and revenues of the endowments and the task should be specified. The most important issue to be discussed here is how and method to bring an action about the extinction of bendficiaries of an endowment and prove it. Identify the points of this article depends on consideration of issues such as the nature of claim and relief or remedy sought, determination of the plaintiff and the defendant, the competent venue on litigation, the competent judicial authority to investigate, and ultimately determine the evidences of proof of the aforementioned dispute. The main results of this research are as follows : there is no need to bring lawsuit with the relief sought of the extinction of particular bendficiaries of an endowment and it is possible to raise this dispute by the relief sought of endowment to the public, Administrator of an endowed property and Endowments Organization can as a plaintiff to bring an action of the public an endowment or the extinction of bendficiaries of an endowment in competent court, the competent venue on litigation is the place where the immoveable endowed property is located, there is no need to go to court if there are no disagreements between the particular bendficiaries of an endowment and according to the law, the organization of the endowment is in charge in the endowments to the public of no trustee and in the endowments of the trustee, it must be done according to the terms of the deed of endowment but in the cases of dispute, it is better to bring the lawsuits to the prosecutor's opposition, the only competent authority to investigate of the above disputes is civil court and the final point is that can resort to the evidences of proofing, such as witness and judicial circumstantial evidence and local investigation and refer to Real Estate Registration Offices in order to prove the discussed dispute. Waghf, Miras-e-Javidan Autumn 2018, No. 103

Key words

The extinction of bendficiaries of an endowment, The competent venue and court to investigate, The proof evidences of dispute.


پانویس

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  1. Ph.D. student at Tehran Universghanbarian.howzeh@yahoo.com
  2. . Ph.D. student of the Holy Quran Sciences and Education University.s.m.mousavi2058@gmail.com
  3. . Ph.D. student of the Holy Quran Sciences and Education University.s.h.mosavi63@gmail.com
  4. Researcher at Legal Juridical Research Center of judiciary and Institute of knowing of Jurisprudential subject.hs.farhoodi@gmail.com
  5. High-level professor of Qom seminary and Jewish synagogue, Registration of documents.morteza.fayaz1360@gmail.com
  6. Researcher at Legal Juridical Research Center of judiciary and Research center of Islamic parliament.msajadmail@gmail.com
  7. Assistant professor at Imam Reza University, Holy Mashhad.mh.emamverdy@gmail.com
  8. High-level professor of Qom seminary and researcher of the Endowment Research Center.
  9. High-level professor of Qom seminary and researcher of the Endowment Research Center.hasaniran5@yahoo.com