Jurisprudential and Legal Analysis of Smart Waqf: Modernizing the Waqf Institution through Emerging Technologies

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Document Type : Scientific Research

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Assistant Professor, Department of law, Payame noor University, Iran, PO BOX 19395-3697, Tehran, IRAN

Abstract

the modernization of the Islamic endowment (waqf) through the use of emerging technologies, known as “Smart Waqf,” has become a significant topic in contemporary legal and religious studies. This research explores the jurisprudential and legal dimensions of Smart Waqf, analyzing its foundations in Islamic law and its compatibility with modern legal systems, particularly in Iran. By employing technologies such as block chain and smart contracts, Smart Waqf can enhance transparency, efficiency, and accountability in managing endowed assets. Methodologically, this study adopts a descriptive-analytical approach, combining the study of classical Islamic jurisprudence with contemporary legal frameworks and technological applications. The findings suggest that while Smart Waqf offers promising opportunities for revitalizing the traditional institution of waqf, several jurisprudential and legal challenges must be addressed, including compliance with Islamic principles of ownership, public benefit, and the prohibition of harm (la darar). Ultimately, this study argues that integrating modern technologies within the waqf framework can provide a practical model for modernizing religious and social institutions, provided that appropriate legal reforms and jurisprudential adaptations are implemented.

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Civil Law Knowledge

Articles in Press, Corrected Proof
Available Online from 10 December 2025

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