Islamic Law And Endowment

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God's Property

Author : Nada Moumtaz
Publisher : Univ of California Press
ISBN 13 : 0520975782
Total Pages : 304 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis God's Property by : Nada Moumtaz

Download or read book God's Property written by Nada Moumtaz and published by Univ of California Press. This book was released on 2021-08-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A free open access ebook is available upon publication. Learn more at www.luminosoa.org. Up to the twentieth century, Islamic charitable endowments provided the material foundation of the Muslim world. In Lebanon, with the fall of the Ottoman Empire and the imposition of French colonial rule, many of these endowments reverted to private property circulating in the marketplace. In contemporary Beirut, however, charitable endowments have resurfaced as mosques, Islamic centers, and nonprofit organizations. A historical anthropology in dialogue with Islamic law, God's Property demonstrates how these endowments have been drawn into secular logics—no longer the property of God but of the Muslim community—and shaped by the modern state and modern understandings of charity and property. Although these transformations have produced new kinds of loyalties and new ways of being in society, Moumtaz’s ethnography reveals the furtive persistence of endowment practices that perpetuate older ways of thinking of one’s self and one’s responsibilities toward family and state.

Muslim Endowments and Society in British India

Author : Gregory C. Kozlowski
Publisher : Cambridge University Press
ISBN 13 : 9780521088671
Total Pages : 230 pages
Book Rating : 4.0/5 (886 download)

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Book Synopsis Muslim Endowments and Society in British India by : Gregory C. Kozlowski

Download or read book Muslim Endowments and Society in British India written by Gregory C. Kozlowski and published by Cambridge University Press. This book was released on 2008-10-30 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr Kozlowski's important study pioneers a fresh approach to the study of a critical Muslim institution: the endowments or awqaf which almost everywhere in the Islamic world provide support for mosques, schools and shrines. The wealthier Muslims who establish endowments inevitably have an eye on social, political and economic conditions and have traditionally used awqaf as part of an effort to preserve their wealth and influence, especially in periods of change and uncertainty. The book focuses on the use of endowments by Muslims suffering the dislocations caused by the imposition of British rule in India and examines in detail the social and political implications of the controversy over endowments that took place in the imperial courts and councils. The author's observations and insights can be applied to many periods and places in the Muslim world and his novel approach will attract all those interested in the study of Islam.

Muslim Endowments, Waqf Law and Judicial Response in India

Author : P. S. MUNAWAR. HUSSAIN
Publisher : Routledge Chapman & Hall
ISBN 13 : 9780367696504
Total Pages : 0 pages
Book Rating : 4.6/5 (965 download)

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Book Synopsis Muslim Endowments, Waqf Law and Judicial Response in India by : P. S. MUNAWAR. HUSSAIN

Download or read book Muslim Endowments, Waqf Law and Judicial Response in India written by P. S. MUNAWAR. HUSSAIN and published by Routledge Chapman & Hall. This book was released on 2023-09-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with Law of Waqf (Muslim Endowment Law) and its judicial response in India. The volume covers several jurisprudential and historical aspects of Waqf, which include Doctrines of Waqf; Essential Requisites of Waqf; Valid Objects of Waqf; Historical Account of Waqf; Emergence of Waqf Law in India; and Constitutional Validity of Waqf in India. The chapters then go on to discuss the Waqf Act 1995 and Waqf Amendment Act 2013. The legal perspectives of each Section of Waqf Act and its amendments are elucidated with references under Reflections. The case-law has been analysed and cited under each Section of Waqf Act, wherever applicable. This book will be of interest to scholars and researchers of law and legal studies. It will be of interest to practitioners of Waqf Jurisprudence in India, the managers of Waqf Institutions and officials involved in Waqf Administration.

The Politics of Islamic Law

Author : Iza R. Hussin
Publisher : University of Chicago Press
ISBN 13 : 022632348X
Total Pages : 360 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis The Politics of Islamic Law by : Iza R. Hussin

Download or read book The Politics of Islamic Law written by Iza R. Hussin and published by University of Chicago Press. This book was released on 2016-03-31 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.

Islamic Law and Civil Code

Author : Richard A. Debs
Publisher : Columbia University Press
ISBN 13 : 0231520999
Total Pages : 215 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Islamic Law and Civil Code by : Richard A. Debs

Download or read book Islamic Law and Civil Code written by Richard A. Debs and published by Columbia University Press. This book was released on 2010-07-28 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.

The Development of Islamic Law and Society in the Maghrib

Author : David Stephan Powers
Publisher : Routledge
ISBN 13 : 9781409403708
Total Pages : 0 pages
Book Rating : 4.4/5 (37 download)

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Book Synopsis The Development of Islamic Law and Society in the Maghrib by : David Stephan Powers

Download or read book The Development of Islamic Law and Society in the Maghrib written by David Stephan Powers and published by Routledge. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first eleven essays in this collection analyze the application of Islamic law in family law cases in Qadi courts in the Maghrib between 1100 and 1500 CE. Based on preserved legal documents and the expert opinions of Muslim jurists (Muftis), they demonstrate that the jurists placed high value on reasoned thought and were sensitive to the manner in which law, society, and culture interacted. The final essay shows how the treatment of family endowments by colonial regimes in Algeria and India at the end of the 19th and beginning of the 20th centuries shaped, or misshaped, the modern western scholarly understanding of Islamic law.

Islam in South Asia

Author : Jamal Malik
Publisher : BRILL
ISBN 13 : 9004168591
Total Pages : 535 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Islam in South Asia by : Jamal Malik

Download or read book Islam in South Asia written by Jamal Malik and published by BRILL. This book was released on 2008 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic South Asia has become a focal point in academia. Where did Muslims come from? How did they fare in interacting with Hindu cultures? How did they negotiate identity as ruling and ruled minorities and majorities? Part I covers early Muslim expansion and the formative phase in context of initial cultural encounter (app. 700-1300). Part II views the establishment of Muslim empire, cultures oscillating between Islamic and Islamicate, centralised and regionalised power (app. 1300-1700). Part III is composed in the backdrop of regional centralisation, territoriality and colonial rule, displaying processes of integration and differentiation of Muslim cultures in colonial setting (app. 1700-1930). Tensions between Muslim pluralism and singularity evolving in public sphere make up the fourth cluster (app. 1930-2002).

Held in Trust

Author : Pascale Ghazaleh
Publisher : Oxford University Press
ISBN 13 : 9774163931
Total Pages : 240 pages
Book Rating : 4.7/5 (741 download)

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Book Synopsis Held in Trust by : Pascale Ghazaleh

Download or read book Held in Trust written by Pascale Ghazaleh and published by Oxford University Press. This book was released on 2011 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Waqfs (pious endowments) long held a crucial place in the political, economic, and social life of the Islamic world. This volume, which evolved from papers delivered at the 2005 American University in Cairo Annual History Seminar, offers a meticulous set of studies that fills a gap in our knowledge of waqf and its uses.

Land, Law and Islam

Author : Hilary Lim
Publisher : Zed Books Ltd.
ISBN 13 : 1848137206
Total Pages : 247 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis Land, Law and Islam by : Hilary Lim

Download or read book Land, Law and Islam written by Hilary Lim and published by Zed Books Ltd.. This book was released on 2013-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Waqf in Central Asia

Author : R. D. McChesney
Publisher : Princeton University Press
ISBN 13 : 1400861969
Total Pages : 379 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Waqf in Central Asia by : R. D. McChesney

Download or read book Waqf in Central Asia written by R. D. McChesney and published by Princeton University Press. This book was released on 2014-07-14 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Waqfs, or religious endowments, have long been at the very center of daily Islamic life, establishing religious, cultural, and welfare institutions and serving as a legal means to keep family property intact through several generations. In this book R. D. McChesney focuses on the major Muslim shrine at Balkh--once a flourishing city on an ancient trade route in what is now northern Afghanistan--and provides a detailed study of the political, economic, and social conditions that influenced, and were influenced by, the development of a single religious endowment. From its founding in 1480 until 1889, when the Afghan government took control of it, the waqf at Balkh was a formidable economic force in a financially dynamic region, particularly during those times when the endowment's sacred character and the tax privileges it acquired gave its managers considerable financial security. This study sheds new light on the legal institution of waqf within Muslim society and on how political conditions affected the development of socio-religious institutions throughout Central Asia over a period of four hundred years. Originally published in 1991. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Beginnings of Islamic Law

Author : Lena Salaymeh
Publisher : Cambridge University Press
ISBN 13 : 1107133025
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Beginnings of Islamic Law by : Lena Salaymeh

Download or read book The Beginnings of Islamic Law written by Lena Salaymeh and published by Cambridge University Press. This book was released on 2016-11-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, Salaymeh proposes that Islamic law is a continuous intermingling of innovation and tradition. The book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

Islam and Social Policy

Author : Stephen P. Heyneman
Publisher : Vanderbilt University Press
ISBN 13 : 9780826514479
Total Pages : 228 pages
Book Rating : 4.5/5 (144 download)

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Book Synopsis Islam and Social Policy by : Stephen P. Heyneman

Download or read book Islam and Social Policy written by Stephen P. Heyneman and published by Vanderbilt University Press. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when more nuanced understandings of Muslim countries and their legal and social practices are urgently needed in the West, the appearance of this collection is especially welcome. In these illuminating and accessible essays, the contributors explain how Islam sees itself in terms of social policy, how it treats women, and how it encourages charity, education, and general social welfare. The essays encompass many regional cultures and draw on court records and legal debates, field work on government ministries, and an extensive reading of Islamic law. In his overview of waqf (similar to the Western idea of a foundation, in which an endowment is set aside in perpetuity for specified purposes), Ahmad Dallal explains how charity, a central organizing principle in Islam, is itself organized and how waqf, traditionally a source of revenue for charitable purposes, can also become a source of tension and conflict. Donna Lee Bowen, in her essay on the position of women in Islamic law, points out the crucial differences between the Islamic principles of family equity and the Western notion of individual equality. In a subsequent essay, Bowen addresses the problems surrounding family planning and the dilemmas that have arisen within the Muslim world over differing ideas about birth control. The two final essays look at specific instances of how the modern state has treated Islamic social policy. Gail Richardson examines zakat, an Islamic tax used to assist the poor, and its administration in Pakistan. Carol Underwood, meanwhile, explores public health policy in Iran, both before and after the Islamic revolution that deposed the Shah. Addressing some of the most profound misunderstandings between Islamic and Western societies, Islam and Social Policy will be of vital interest not only to scholars and policymakers but to anyone concerned with Islam's critical place in the modern world.

Islam and the Rule of Justice

Author : Lawrence Rosen
Publisher : University of Chicago Press
ISBN 13 : 022651174X
Total Pages : 293 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Islam and the Rule of Justice by : Lawrence Rosen

Download or read book Islam and the Rule of Justice written by Lawrence Rosen and published by University of Chicago Press. This book was released on 2018-03-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account. With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

The Impossible State

Author : Wael B. Hallaq
Publisher : Columbia University Press
ISBN 13 : 0231530862
Total Pages : 273 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis The Impossible State by : Wael B. Hallaq

Download or read book The Impossible State written by Wael B. Hallaq and published by Columbia University Press. This book was released on 2012-11-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq boldly argues that the "Islamic state," judged by any standard definition of what the modern state represents, is both impossible and inherently self-contradictory. Comparing the legal, political, moral, and constitutional histories of premodern Islam and Euro-America, he finds the adoption and practice of the modern state to be highly problematic for modern Muslims. He also critiques more expansively modernity's moral predicament, which renders impossible any project resting solely on ethical foundations. The modern state not only suffers from serious legal, political, and constitutional issues, Hallaq argues, but also, by its very nature, fashions a subject inconsistent with what it means to be, or to live as, a Muslim. By Islamic standards, the state's technologies of the self are severely lacking in moral substance, and today's Islamic state, as Hallaq shows, has done little to advance an acceptable form of genuine Shari'a governance. The Islamists' constitutional battles in Egypt and Pakistan, the Islamic legal and political failures of the Iranian Revolution, and similar disappointments underscore this fact. Nevertheless, the state remains the favored template of the Islamists and the ulama (Muslim clergymen). Providing Muslims with a path toward realizing the good life, Hallaq turns to the rich moral resources of Islamic history. Along the way, he proves political and other "crises of Islam" are not unique to the Islamic world nor to the Muslim religion. These crises are integral to the modern condition of both East and West, and by acknowledging these parallels, Muslims can engage more productively with their Western counterparts.

Equity and Fairness in Islam

Author : Mohammad Hashim Kamali
Publisher :
ISBN 13 : 9781903682418
Total Pages : 141 pages
Book Rating : 4.6/5 (824 download)

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Book Synopsis Equity and Fairness in Islam by : Mohammad Hashim Kamali

Download or read book Equity and Fairness in Islam written by Mohammad Hashim Kamali and published by . This book was released on 2005 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first work in the English language to deal specifically with the subjects of equity and fairness in Islamic law. Prof M H Kamali takes these concepts back to their origin in the Qur'an, the sayings of the Prophet Muhammad and the era of the Companions of the Prophet in the first two centuries of Islam. This is followed by discussions of equity as a basis for the formulation of Islamic law and a comparison between it and other concepts essential for law making such as general consensus, analogical reasoning and considerations of public interest. Part Two of Equity and Fairness in Islam is an attempt to apply the concepts of equity and fairness to certain issues of contemporary concern and especially to commercial transactions. The issues raised here are related to Islamic banking, sale transactions, charitable endowments, pensions funds and other long-term saving accounts. Equity and Fairness in Islam can be read in conjunction with M H Kamali's titles especially Islamic Commercial Law.

The Public Sphere in Muslim Societies

Author : Miriam Hoexter
Publisher : State University of New York Press
ISBN 13 : 0791488616
Total Pages : 202 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis The Public Sphere in Muslim Societies by : Miriam Hoexter

Download or read book The Public Sphere in Muslim Societies written by Miriam Hoexter and published by State University of New York Press. This book was released on 2012-02-01 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging conventional assumptions, the contributors to this interdisciplinary volume argue that premodern Muslim societies had diverse and changing varieties of public spheres, constructed according to premises different from those of Western societies. The public sphere, conceptualized as a separate and autonomous sphere between the official and private, is used to shed new light on familiar topics in Islamic history, such as the role of the shari`a (Islamic religious law), the `ulama' (Islamic scholars), schools of law, Sufi brotherhoods, the Islamic endowment institution, and the relationship between power and culture, rulers and community, from the ninth to twentieth centuries.

Wives and Work

Author : Marion Holmes Katz
Publisher : Columbia University Press
ISBN 13 : 0231556705
Total Pages : 202 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Wives and Work by : Marion Holmes Katz

Download or read book Wives and Work written by Marion Holmes Katz and published by Columbia University Press. This book was released on 2022-10-25 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely held today that classical Islamic law frees wives from any obligation to do housework. Wives’ purported exemption from domestic labor became a talking point among Muslims responding to Orientalist stereotypes of the “oppressed Muslim woman” by the late nineteenth century, and it has been a prominent motif in writings by Muslim feminists in the United States since the 1980s. In Wives and Work, Marion Holmes Katz offers a new account of debates on wives’ domestic labor that recasts the historical relationship between Islamic law and ethics. She reconstructs a complex discussion among Sunni legal scholars of the ninth to fourteenth centuries CE and examines its wide-ranging implications. As early as the ninth century, the prevalent doctrine that wives had no legal duty to do housework stood in conflict with what most scholars understood to be morally and religiously right. Scholars’ efforts to resolve this tension ranged widely, from drawing a clear distinction between legal claims and ethical ideals to seeking a synthesis of the two. Katz positions legal discussion within a larger landscape of Islamic normative discourse, emphasizing how legal models diverge from, but can sometimes be informed by, philosophical ethics. Through the lens of wives’ domestic labor, this book sheds new light on notions of family, labor, and gendered personhood as well as the interplay between legal and ethical doctrines in Islamic thought.