Examining the Authority of the Ruler in Public Endowment under the Iranian Legal System

Abstract

Public endowment (waqf ʿāmm)—as one of the significant juridical and jurisprudential institutions within the Iranian legal system—plays a pivotal role in promoting public welfare and achieving social justice. The distinguishing feature of public endowment is the absence of a specific custodian (mutawalli) and its dependence on public interests, which necessitates governmental supervision and intervention. In Imami jurisprudence, the religious ruler (ḥākim al-sharʿ)—as the guardian of the Muslim community (wali al-amr al-muslimin)—possesses general authority over the administration and protection of public endowments, including the appointment and dismissal of custodians, supervision over the execution of the donor’s intent, prevention of deviation, and adjudication of disputes concerning endowment. These jurisprudential foundations are reflected in Iran’s positive law, particularly in the Law on the Organization and Authority of the Endowments and Charity Affairs Organization enacted in 1984, which entrusts the management of public endowments without a custodian to the Supreme Jurist (vali-ye faqih) and his representatives. This study, employing a descriptive-analytical method, investigates the dimensions and scope of the ruler’s authority in public endowment and demonstrates that, within the Iranian legal system, such authority not only serves a supervisory and protective function but also acts as the primary mechanism for realizing the donor’s objectives and preventing the dissipation of endowed property. Consequently, the effectiveness of this authority is considered a fundamental condition for ensuring the continued influence of the endowment institution in the social and economic development of society.