Introduction and Objective: Endowment (Waqf), as one of the most important legal and social institutions in the Islamic system, has immense capacities for the cultural, economic, and social development of the country. This research aims to identify the most significant legal and judicial challenges in the administration of endowed properties, examine the impact of the advisory opinions of the Legal Department on judicial decisions, and provide corrective solutions for more efficient and transparent management of endowments.
Research Methodology: The present research is applied in terms of objective and qualitative in terms of nature and execution method, specifically descriptive-analytical. Data was collected using library resources, including laws and regulations related to endowment, advisory opinions of the Legal Department of the Judiciary, research reports, and scientific articles.
Findings: The study of sources indicates that the most important legal and judicial challenges in the administration of endowments and holy sites include five categories: (1) Legislative challenges (inefficiency, conflict, and ambiguity in laws); (2) Supervisory challenges (weakness and multiplicity of supervisory bodies and lack of transparency); (3) Challenges arising from the conflict between the founder's intent and contemporary societal needs; (4) Managerial and structural challenges (shortage of specialized personnel and persistence of traditional management); and (5) Challenges arising from extensive governmental interference in endowment affairs. Despite lacking legal binding force, the advisory opinions of the Legal Department of the Judiciary have a significant impact on judicial decisions related to endowments by clarifying legal ambiguities, creating uniformity in judicial practice, providing judicial security, and guiding executive bodies. However, limitations such as lack of comprehensiveness and the possibility of changing practices reduce their effectiveness.
Conclusion: To achieve efficient and transparent management of endowments (awqaf), comprehensive laws must be enacted, government interference reduced, public oversight strengthened, and the judicial system made specialized and swift.