Jurisprudential–Legal Analysis of the Principle “Al-Wuquf ʿalā Ḥasab Mā Yuwaqqifuhā Ahluhā” and Its Function within the Iranian Legal System

Abstract

The principle “al-wuquf ʿalā ḥasab mā yuwaqqifuhā ahluhā” (endowments shall be administered according to the conditions established by their founders) constitutes one of the fundamental doctrines of Islamic endowment (waqf) jurisprudence. In both Imami (Jaʿfari) jurisprudence and the four Sunni schools of law, this rule plays a central role in determining the scope of the founder’s authority and the manner of administering endowed property. The substance of this principle indicates that the legal structure of a waqf is governed primarily by the will of the founder (waqif), and that the trustee, beneficiaries, supervisor, and even the religious authority or the state are, in principle, obliged to implement the endowment in accordance with the deed of endowment and the conditions stipulated by the founder. Using a descriptive–analytical method with a comparative approach, the present study first examines the jurisprudential and hadith-based foundations of this principle within Imami jurisprudence and Sunni legal schools. It then analyzes its function within the Iranian legal system through an examination of provisions of the Iranian Civil Code, the Endowment Law, and regulations governing the Endowments and Charity Affairs Organization, alongside references to judicial practice and legal doctrines. The findings demonstrate that although the Iranian legislator has not explicitly codified this principle in the Civil Code, it has been implicitly recognized across multiple statutory provisions. Nevertheless, the fragmentation of regulations, legislative silence in certain areas, and the apparent tension between the authority of the Endowments Organization and the founder’s stipulated conditions have generated practical implementation challenges. The results suggest that explicit statutory recognition of the principle, formulation of clear criteria for identifying invalid conditions, and strengthening judicial supervision over endowments could enhance legal certainty in waqf administration and reinforce public confidence among founders.