أحكام الوقف في الفقه، وقوانين إيران ولبنان (دراسة مقارنة)

Literally, Waqf means to stand and hold, and in jurisprudence, it means to hold property and prevent it from being transferred to others, while its benefits are spent in the way of God. Article 55 of the Iranian Civil Code defines Waqf as "holding property and realizing its benefits." In Lebanon, Waqf is also divided into two types: charitable and family, each of which has its own rules and regulations. This study uses a descriptive-analytical method and library resources to conduct a comparative study of the Sharia laws and regulations of Waqf in Iran and Lebanon. The comparison of the legal systems of the two countries is based on the jurisprudential foundations of the emami, Hanafi, Shafi'i, and other Sunni schools of thought. Waqf laws in Iran are mainly based on emami jurisprudence, and in the absence of a law, reference is made to reliable Islamic sources. In Lebanon, family waqf laws are formulated based on the 1947 law, and charitable waqf is also subject to the jurisprudential principles of the Hanafi school of thought. emami and Hanafi jurisprudence have a similar definition of waqf, while Maliki and Hanafi jurisprudence allow the property to remain in the ownership of the donor. Both countries have provided laws to ensure investment and optimal use of endowments. Endowments, as a social and economic institution, have a significant impact on promoting public welfare. A review of Iranian and Lebanese laws reveals similarities and differences that have arisen due to jurisprudential foundations and social conditions. Creating more precise legal frameworks can help promote the tradition of endowments and increase public participation.
Keywords: Endowment, Iranian laws, Lebanese laws, emami jurisprudence, Hanafi jurisprudence, comparative law.
 
Introduction: Waqf, a term rooted in Islamic tradition, holds significant cultural, social, and economic importance. Linguistically, it translates to "standing still" or "restraint," but in the context of Islamic jurisprudence, it embodies the act of holding property and restricting its transfer to others. This restriction serves a noble purpose: dedicating the benefits of the property exclusively for the sake of God. As a centuries-old practice, waqf represents an enduring mechanism for achieving community welfare, charitable endeavors, and familial support. Article 55 of the Iranian Civil Code provides a succinct definition of waqf as "the holding of property and the dedication of its benefits." This definition underscores the dual essence of waqf: the immovable nature of the property itself and the perpetual availability of its benefits for predetermined purposes. In Lebanon, the concept of waqf is similarly entrenched in legal and social systems but is categorized into two distinct types: charitable waqf and family waqf. Charitable waqf is primarily aimed at supporting public welfare initiatives such as education, healthcare, and infrastructure. Conversely, family waqf is designed to serve the interests of specific family members, ensuring financial security and preserving wealth within familial structures. Each type of waqf is governed by specific laws and regulations, reflecting the diverse interpretations and applications of Islamic jurisprudence across different regions and contexts.
Materials & Methods: This study employs a descriptive-analytical approach, delving into the legal and jurisprudential dimensions of waqf in Iran and Lebanon. By relying on an extensive review of library resources, the research endeavors to draw a comprehensive comparison between the two countries' legal systems, emphasizing the principles derived from Islamic jurisprudence. The analysis encompasses the jurisprudential foundations of the emami (Shi'a) school predominant in Iran, alongside the Hanafi, Shafi'i, and other Sunni schools of thought that significantly influence Lebanese legal frameworks. The methodology not only highlights the historical evolution of waqf laws but also examines their practical implementation in contemporary settings. Through this comparative lens, the study aims to identify both convergences and divergences in the interpretation and application of waqf laws, shedding light on the broader implications for Islamic legal systems. The inclusion of multiple schools of thought ensures a balanced perspective, recognizing the diversity of Islamic jurisprudence and its impact on legal structures and societal practices.
Discussion& result:The findings reveal that waqf laws in Iran are deeply rooted in the principles of emami jurisprudence, which serves as the cornerstone of the country’s legal and religious framework. In instances where explicit legal provisions are absent, Iranian courts and institutions defer to authoritative Islamic sources to ensure consistency with Shari'a principles. This reliance on jurisprudential foundations underscores the dynamic relationship between traditional Islamic law and modern legislative systems. In Lebanon, the regulation of waqf demonstrates a more pluralistic approach, reflecting the country's diverse religious and cultural fabric. Family waqf is governed by a specific legislative framework established in 1947, which outlines detailed provisions for its creation, administration, and dissolution. Charitable waqf, on the other hand, aligns with the jurisprudential principles of the Hanafi school, which remains influential in Lebanon’s Sunni Muslim community. This bifurcated approach ensures that both familial and public interests are adequately addressed within the legal framework. A closer examination of jurisprudential interpretations reveals notable parallels and distinctions. Both emami and Hanbali jurisprudence define waqf as the irrevocable dedication of property for a specified purpose, emphasizing the permanent nature of such endowments. In contrast, Maliki and Hanafi jurisprudence offer a more flexible interpretation, permitting the property to remain under the ownership of the donor (waqif) while still fulfilling the objectives of waqf. This difference highlights the adaptability of Islamic jurisprudence to diverse socio-economic contexts. Both Iran and Lebanon have introduced laws to facilitate the effective management and investment of waqf properties. These regulations aim to maximize the benefits derived from endowed properties, ensuring their sustainability and relevance in contemporary societies. Measures such as appointing competent trustees, leveraging modern investment strategies, and enforcing transparency in financial management are pivotal in achieving these objectives.
Conclusion: Waqf, as an enduring social and economic institution, continues to play a vital role in advancing public welfare and fostering community solidarity. The comparative analysis of waqf laws in Iran and Lebanon underscores the profound influence of jurisprudential foundations and socio-cultural contexts on legal frameworks. While both countries share a common commitment to preserving the essence of waqf, their approaches differ in response to unique historical, cultural, and legal factors.
Iran’s reliance on emami jurisprudence ensures a cohesive and consistent application of waqf laws, deeply intertwined with the country’s broader Islamic legal system. In contrast, Lebanon's pluralistic approach accommodates its diverse religious communities, reflecting a pragmatic adaptation to its multi-sectarian society. To further enhance the impact of waqf, there is a pressing need for the development of more precise legal frameworks that address contemporary challenges. Such frameworks should prioritize transparency, accountability, and innovation in the administration of waqf properties. By fostering greater public participation and promoting the tradition of waqf, these efforts can contribute to the sustainable development of communities and the preservation of Islamic heritage. In conclusion, the study of waqf laws in Iran and Lebanon offers valuable insights into the dynamic interplay between tradition and modernity. As a testament to the enduring relevance of Islamic jurisprudence, waqf continues to inspire efforts toward social justice, economic equity, and cultural preservation.
Keywords: Waqf, Iranian law, Lebanese law, emami jurisprudence, Hanafi jurisprudence, comparative law.