Investigating Conditions of Sale of Waqf Property (Endowment Sale) in Perspective of Law and Jurisprudence

Waqf( Endowment) as an institution that keeps charity alive, has been a common deed among different nations since the very beginning. However, its importance has been added in Islam because of the emphasis on helping the poor and the necessity of charity within Muslims in the Quran and  Sunnah. It has been said that the general rule in Iran’s jurisprudence and law sources is that the Waqf Property cannot be sold.  In other words, any legal action that leads to the transfer of the Waqf Property is not permitted. However, sometimes in some conditions, there is no other choice than to sell the Waqf Property to protect the Waqf institution and the benefits of the beneficiary. Thus, some cases have been mentioned in the sources of jurisprudence that show the Sale of Waqf Property is permitted, including damages to the Waqf property, wear of the Waqf property, the benefits of the beneficiary, the extreme need of the beneficiary, and the dispute among the beneficiaries. In addition, according to the civil code of Iran, the sale of Waqf Property is permitted in some cases such as when the Waqf Property is damaged or when disputes may arise among the beneficiaries.