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Law Of Waqf In Islam
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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.
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.
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.
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.
Book Synopsis The Birth of a Legal Institution by : Peter C. Hennigan
Download or read book The Birth of a Legal Institution written by Peter C. Hennigan and published by BRILL. This book was released on 2004 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents an analysis of the earliest legal treatises on the Islamic trust, or waqf - the Ah kam al-Waaf" of Hilal al-Ray and the Ah kam al-Awqaf of al-Khassaf. This work undertakes a textual analysis of the treatises.
Book Synopsis Waqf in Zaydī Yemen by : Eirik Hovden
Download or read book Waqf in Zaydī Yemen written by Eirik Hovden and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the historical development, codification and present day perceptions of Islamic law in Zaydī Yemen in the field of waqf, the relation between theory and practice over time and the development of central waqf administration.
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.
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.
Book Synopsis CORE PRINCIPLES FOR EFFECTIVE WAQF OPERATION AND SUPERVISION by : A Joint Initiative of BI, BWI & IRTI-IsDB
Download or read book CORE PRINCIPLES FOR EFFECTIVE WAQF OPERATION AND SUPERVISION written by A Joint Initiative of BI, BWI & IRTI-IsDB and published by A Joint Initiative of BI, BWI & IRTI-IsDB. This book was released on 2019-07-29 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: Background 1. In the Arabic language, the word waqf or habs means preventing something from movement. In Shari’ah terminology, waqf refers to making a property invulnerable to disposition that leads to a transfer of ownership, and donating the usufruct, or the fruit of the asset, to beneficiaries. Waqf is permissible in Shari’ah, as has been emphasized by the Sunnah (Prophetic traditions) and Ijma’ (consensus of Fuqaha). Waqf is also a binding commitment; therefore, the declaring of a property as waqf would simultaneously deprive its donating owner of the right of ownership.1 2. There are several types of waqf, the most important being charitable waqf (al-waqf al-khayri), family waqf (al-waqf al-ahli), joint waqf (al-waqf al-mushtarak), and self-dedicated waqf (al-waqf’ala al-nafs). The basic elements of waqf include: the form of the donation, the waqif (the donor), the beneficiary, and the donated property. Waqf is permissible in the form of real estate along with permanent furniture and fittings, movable assets, money, shariah compliant shares and sukuk. Regulators and Supervisors will observe all of the regulations, including Shari’ah-related regulation, to ensure the compliance of all related parties. 3. The core principles of waqf, as part of Islamic finance, embrace the principle of altruism, which promotes or maximizes the benefits to others, inclusively for all humans and living beings. The principles emphasize the importance of maintaining or keeping public confidence high since the system is fully dependent upon the public’s propensity to donate. 4. A well-organized waqf system supported by information technology and compatible with other programs can be expected to serve as an additional vehicle of fund mobilization to support and significantly contribute to government economic development programs, particularly to programs for poverty reduction and comprehensive human development. 5. The institution of waqf has evolved over time and across different regions. Most regions have legal systems that reflect a traditional concern for preservation as captured in the three principles of perpetuity (assets/purpose), inalienability, and irreversibility. Contemporary scholars take a lenient view and permit temporary awqaf as well as reversibility under certain conditions. This waqf core principles duly acknowledges that there are different school of thoughts related to the law and the implementation of awqaf. The Waqf Core Principles (WCP) have thus been structured around certain basic building blocks focusing on “benevolence” and “mutual benefit” while also seeking to harmonize alternative viewpoints. Technical Considerations 6. The Waqf Core Principles (WCP) provide a clear positioning of the awqaf sector within the economic structure, especially in terms of providing direct socio-economic benefits (utilization of the corpus of awqaf in the form of fixed or non-fixed assets) and the contribution of low-cost financing from the returns on investment of the corpus of awqaf. 7. The Waqf Core Principles (WCP) provide clear and standardized systematics on the supporting elements of the worldwide-applicable waqf system. This waqf core principles is also positioned so as to ensure compatibility with, and the mutual recognition of, other financial sector prudential standards, as well as the latest regulatory standards that promote governance aspects. 8. The Waqf Core Principles (WCP) place the operational standards and supervision of the waqf sector at the same prudential level as that of other financial sectors. Operational standards are prepared to consider the risk-adjusted measures based on managed asset classes and the optimization of benefits for the community. 9. The Waqf Core Principles (WCP) dissect the elements of supervision related to the operationalization of the waqf system into a systematic arrangement structure as follows: a. Legal foundation; b. Waqf supervision; c. Good waqf governance; d. Risk management; e. Shari’ah governance. 10. This is the main reference document for the generation of various technical notes that cover specific technical aspects of waqf arrangement. 11. This is the main reference document for measuring the performance of waqf management while accommodating the technical and operational issues that different jurisdictions may involve. 12. This waqf core principles allows scope for the commingling of endowment funds with other philanthropy-driven funds while underlining the following: a. divine motivation; and b. the restriction of a portfolio only to halal businesses; c. the underlying physical asset. 13. The core principles underscore the importance of financial technology applications in waqf management.
Book Synopsis Law, Custom, and Statute in the Muslim World by : Rôn Šaham
Download or read book Law, Custom, and Statute in the Muslim World written by Rôn Šaham and published by BRILL. This book was released on 2007 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collective volume deals with the main components in the laws of Islamic societies, past and present: sharia, custom and statute. Covers a wide range of geographical areas, from the Balkans to Yemen, and from Iraq to the Maghrib -- Back cover.
Book Synopsis Modern Perspectives on Islamic Law by : E. Ann Black
Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
Book Synopsis Islamic Law on Peasant Usufruct in Ottoman Syria by : Sabrina Joseph
Download or read book Islamic Law on Peasant Usufruct in Ottoman Syria written by Sabrina Joseph and published by BRILL. This book was released on 2012-05-08 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on Hanafi legal texts from Ottoman Syria between the 17th and early 19th centuries, this book examines how jurists balanced the rights and obligations of tenants and landlords on state and waqf lands, contributing in the process to the dynamism of the law and the adaptability and longevity of the Ottoman land system.
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.
Book Synopsis Waqf Development and Innovation by : Syed Nazim Ali
Download or read book Waqf Development and Innovation written by Syed Nazim Ali and published by Routledge. This book was released on 2021-11-29 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Waqf is one of the most potent socio-economic tools for reducing public sector deficit and breaking the chain of intergenerational poverty. Providing a high-level discussion on waqf development and innovation within the context of modern socio-economic and legal developments, this book examines the importance and potentials of waqf and the issues relating to its legal and regulatory framework. The research delivers future directions for countries that plan to explore this socio-economic institution. Readers and policymakers will be able to replicate successful experiments and learn from some failed initiatives to seek alternative funding platforms to support the fiscal policies of developing countries. The volume discusses the relevance and novel application of waqf in the modern economic system and social development, it reviews applicable laws and regulations pertaining to waqf and trust laws and examines critical, cross-country case studies and experiences. Setting an agenda for further researchers in the field of waqf, this comprehensive high-level analysis, with case studies from leading jurisdictions across the world, is a key resource for researchers, policymakers and institutions interested in charitable endowments, Islamic finance, and social finance.
Book Synopsis Revitalization of Waqf for Socio-Economic Development, Volume II by : Khalifa Mohamed Ali
Download or read book Revitalization of Waqf for Socio-Economic Development, Volume II written by Khalifa Mohamed Ali and published by Springer. This book was released on 2019-07-15 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of Waqf management and its impact on socio-economic development, specifically financial inclusion and sustainable development as well as of the legal issues in Waqf management in IsDB member countries and jurisdictions. It explores various aspects of Waqf management in IsDB member countries/jurisdictions as well as in non-Muslim majority countries such as Waqf regulation, its modernization, and relationship to Maqasid Al-Shari’ah; performance of Waqf activities; time and activity-wise distribution of Waqf resource management; the antecedents and consequences of Waqf assets (both physical and cash); the strategies and models to promote Waqf related activities for greater socio-economic development; good governance practices through the formulation of informed policies for Waqf projects, among others. Comprising different issues and perspectives adopted by various researchers, the work is specifically designed to meet the needs of academics and industry practitioners in the field of Islamic finance.
Book Synopsis Rediscovery and Revival in Islamic Environmental Law by : Samira Idllalène
Download or read book Rediscovery and Revival in Islamic Environmental Law written by Samira Idllalène and published by Cambridge University Press. This book was released on 2021-04 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, Sharia' and common law are compared from the perspective of environmental law to delve into their common grounds.
Book Synopsis Toward the Reform of Private Waqfs by : Hamid Harasani
Download or read book Toward the Reform of Private Waqfs written by Hamid Harasani and published by BRILL. This book was released on 2015-10-05 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
