| المستخلص: |
Maintaining social security is one of the goals of human societies regardless of their beliefs. One reason for stable social security is the elimination of poverty and ensuring resources for the poor. Therefore, the Islamic Shari'a has taken care of this aspect and has initiated the system of Endowment (waqf), which is the constraining the item and spreading the benefit, meaning that the owner of the property forbids the disposition of it and waives its benefits for the benefit of those determined by people which means removing the ownership from it. The Islamic shari'a has taken that into detailed account. As the real estate needs a custodian to preserve it, maintain it and invest it to achieve the objectives of the endower; and because the issue of Mandatism is important, it was chosen for research. Since the Shiite Sanctuaries throughout history have been under political regimes not compatible with the Shiite jurisprudence, especially in the age of the former regime, which seized the Shiite Sanctuaries and controlled them leading to the reluctance towards them ignorance of the culture of endowment (waqf) in the society. After the change and the text of the valid Constitution on the freedom of belief and the right of endowment for each sect in accordance with the provisions of the law was issued by the Shiite Endowment Divan No. (57) for the year 2017 to organize the process of management of the Shiite Endowment Divan (Waqf). When we were assigned a job in the management of the Endowment funds, we noticed that there is a big gap between the law and the Shiite jurisprudence in the application, although its texts pointed out that the Administration of Endowments is conducted according to popular opinions of the jurisprudents of Imamiyah and in popularity the opinion of the Supreme Reference (Marji") is taken, which is the majority of Shiites from the references Najaf Ashraf. This gap caused the delay in the development of the Endowment and its rise to the level desired by the benevolent Shariah law and the text of the Imams of Ahlulbait (Prophet's Household) peace be upon them. Moreover, there is ignorance in the legislation of the Endowment among many concerned people as it was not taught in the faculties of law or the Shari'a and the old employees' minds were imprinted by the previous regimes. The many regulatory bodies that have no experience whatsoever in the Shiite Endowment and jurisprudence. The research dealt with the concept of Mandatism and the installation and disposition of the guardian according to the sayings of jurists and the provisions of the law in force. The researcher pointed to separation and contradiction between the spirit of law, its objectives and texts and other texts in the same law. The study concluded the results and recommendation of the rewording of the law starting with the term referring to the waqf (Endowment) and the provisions of the law that involve cultural and intellectual issues that are far from the waqf to most of the acts that contradict with the spirit of the law and its other articles; the texts must be reworded to stipulate linking the endowment with the Supreme reference in all its details such as appointing the president to the control as pointed by the same law.
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