نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار پژوهشگاه علوم اسلامی امام صادق علیه السلام
2 پژوهشگر
3 ارشد فقه و حقوق
کلیدواژهها
عنوان مقاله English
نویسندگان English
One of the newly emerged manifestations of the principle of party autonomy (sovereignty of will) in contracts is the phenomenon of "Haqq-e Pazireh" (premium/priority payment) in the leasing of waqf properties. Although this institution shares superficial similarities with concepts such as Sarqofli (commercial goodwill), the Hokr contract, Haqq-e Taqaddomi (classical priority right), and Haqq al-Arz (land right/tax), it differs from them in deep substantive aspects.
The present research, using a descriptive-analytical method and relying on library sources, aims to provide a fiqh-legal analysis of this institution and to precisely distinguish it from similar institutions.
The findings show that Haqq-e Pazireh, within the framework of waqf leasing, enjoys legitimacy under both Imamiyyah fiqh and Iranian law due to the consensual (eqa’i) nature of contracts. However, contrary to common belief, it does not have a clear and independent historical root in the classical concepts of "Haqq-e Taqaddomi" or "Haqq-e Taslimi," and cannot be classified under Haqq al-Arz or the Hokr contract.
Furthermore, through a precise analysis of the nature, conditions of formation, and legal effects of Haqq-e Pazireh, its inherent distinctions from Sarqofli (in terms of origin, transferability, and relationship with the waqf property itself) and from classical Haqq-e Taqaddomi (in the direction and purpose of payment) were clearly demonstrated.
Finally, an examination of positive law indicates that although this institution is not expressly named, it is fully acceptable and applicable within the framework of the Landlord and Tenant Relations Act of 1997 (1376) and the special regulations governing waqfs.
کلیدواژهها English