|
Feasibility of the Validity of Joint Venture Construction Contracts for Endowed (Waqf) Properties in Islamic Jurisprudence and Iranian Law, with Emphasis on Judicial Rulings
|
Javad Habibi tabar1   , Siamak Qiasi Saraki2 , Ali Asghar Ebrahimi3 |
1- Associate Professor, Department of Jurisprudence and Law, Al-Mustafa International University, Qom, Iran. (Corresponding Author)
2- Assistant Professor, Department of Law, Al-Mustafa International University, Qom, Iran.
3- Ph.D Student inPrivate Law, Al-Mustafa International University, Qom, Iran |
|
|
Abstract: (41 Views) |
| The joint‑venture construction contract, as one of the emerging contractual arrangements in the construction sector, has gained wide application with respect to privately owned real estate. However, regarding endowed (waqf) properties, given the special nature of the waqf institution and the religious and legal restrictions arising from it, numerous questions and challenges have been raised in jurisprudential and legal contexts. This study, using a descriptive‑analytical method and relying on library sources, seeks to examine the feasibility of concluding a joint‑venture construction contract for endowed properties from the perspective of Imamiyyah jurisprudence and Iranian law. The findings indicate that despite the absence of an explicit precedent for such contracts in classical jurisprudential texts, the joint‑venture construction contract can be recognized as an independent and binding contract by invoking the general evidences supporting the validity of contracts, the principle of freedom of will and contractual autonomy (Article 10 of the Civil Code), as well as established customary practices. At the same time, the validity of concluding such contracts with respect to endowed properties is contingent upon observing the substantive conditions of waqf, preserving the original endowed corpus, avoiding any impairment of the beneficiaries’ rights, and complying with the specific regulations governing the waqf‑managing institutions. This article also analyzes judicial rulings and seeks to propose solutions to reduce disputes and to promote judicial consistency in related cases |
|
|
| Keywords: int Venture Construction Contract, Endowed (Waqf) Properties, Waqf, Imamiyyah Jurisprudence, Iranian Law, Judicial Rulings. |
|
|
Full-Text [PDF 1088 kb]
(11 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2025/08/14 | Revised: 2026/05/29 | Accepted: 2025/12/2 | Published: 2026/06/22
|
|
|
|
|
|
|
| Add your comments about this article |
|
|
|
.png)
