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Muslim Endowments Waqf Law And Judicial Response In India
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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 Taylor & Francis. This book was released on 2020-12-23 with total page 228 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 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.
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.
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 Hindu Family and the Emergence of Modern India by : Eleanor Newbigin
Download or read book The Hindu Family and the Emergence of Modern India written by Eleanor Newbigin and published by Cambridge University Press. This book was released on 2013-09-19 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.
Book Synopsis The Chinese and Indian Corporate Economies by : Raj Brown
Download or read book The Chinese and Indian Corporate Economies written by Raj Brown and published by Routledge. This book was released on 2017-02-03 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a compelling analysis of the corporate economies of China and India, which are having a huge impact not just on the international economy, but also in the geopolitical and international strategy sphere as a result of an accelerated globalisation by these two countries, which is unleashing powerful economic challenges to corporate structures, economic institutions and law worldwide. The big question is how after centuries of underdevelopment China and now India are emerging powerfully and pulling ahead of Western European economies. Analysing the role of the state and the adroit use of law, and their impact on the corporate evolution of both China and India, provides greater clarity and insight into why China has evolved as a manufacturing nation utilizing cheap abundant labour while India has not exploited such advantages but instead focused on IT and higher value industries, even abroad as Tata has demonstrated in the motor industry in Europe. Again while Chinese corporations have expanded abroad as an arm of the state into Asia, Middle East, Africa, Europe, Latin America and parts of the southern states of the USA, India has pushed principally into Europe through the efforts of powerful minority capitalists of Parsi and Gujerati background, overcoming technological gaps and differences through acquisitions and absorptions of existing corporations in particular industries, especially in steel, automobiles and textiles. In China, state owned corporations have been dominant. In India, though state owned enterprises have been powerful since 1951, it has been private capitalists with an established stronghold since the colonial period and even under the Socialist period from 1951-1991 who have been the more productive main actors both in India and abroad.
Book Synopsis Adjudicating Family Law in Muslim Courts by : Elisa Giunchi
Download or read book Adjudicating Family Law in Muslim Courts written by Elisa Giunchi and published by Routledge. This book was released on 2013-12-04 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.
Book Synopsis Islam, Authoritarianism, and Underdevelopment by : Ahmet T. Kuru
Download or read book Islam, Authoritarianism, and Underdevelopment written by Ahmet T. Kuru and published by Cambridge University Press. This book was released on 2019-08 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.
Book Synopsis The Worlds of the Trust by : Lionel Smith
Download or read book The Worlds of the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2013-08-22 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.
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.
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 Asian Muslim Women by : Huma Ahmed-Ghosh
Download or read book Asian Muslim Women written by Huma Ahmed-Ghosh and published by State University of New York Press. This book was released on 2015-09-11 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book resists the homogenization of Muslim women by detailing the diversity in their lives and by challenging the dominant paradigm of Arabized Islam as the sole interpreter of the faith. Though much has been written on the Middle East, there is a huge gap in research on Asia, which has two-thirds of the world's Muslim population. These essays reveal that the lives of Muslim women are impacted not only by Islam but also by local politics, class, religion, and ethnicity. Through ethnographic research and other methodologies, the contributors describe how economic globalization, construction of sexualities, and diasporic expectations shape women's lives. The book focuses on women's negotiations and resistances to global, national, and local patriarchies in an attempt to empower themselves.
Book Synopsis Reclaiming Islamic Tradition by : Elisabeth Kendall
Download or read book Reclaiming Islamic Tradition written by Elisabeth Kendall and published by Edinburgh University Press. This book was released on 2016-08-04 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the classical Islamic tradition has been retrieved, reformed and reshaped in the modern Islamic worldRecent events in the Islamic world have demonstrated the endurance, neglect and careful reshaping of the classical Islamic heritage. A range of modern Islamic movements and intellectuals has sought to reclaim certain concepts, ideas, persons and trends from the Islamic tradition. This book profiles some of the fundamental debates that have defined the conversation between the past and the present in the Islamic world. Quranic exegesis, Islamic law, gender, violence and eschatology are just some of the key themes in this study of the Islamic traditions vitality in the modern Islamic world. This book will allow readers to situate modern developments in the Islamic world within the longue durA(c)e of Islamic history and thought.Key FeaturesBrings clarity to modern trends, events and debates in the Islamic world by placing them in their longer historical trajectoriesBrings together experts of the medieval and modern Islamic worldProvides an examination of how the classical Islamic heritage functions in todays Islamic world in regions as diverse as the Middle East, Iran and the Indian subcontinentCase Studies IncludeJihad Treatise Impact in IndiaJihadist PropagandaWomens Legal Testimony in IslamIslamic Legal Issues in Iran
Book Synopsis Divorcing Traditions by : Katherine Lemons
Download or read book Divorcing Traditions written by Katherine Lemons and published by Cornell University Press. This book was released on 2019-03-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divorcing Traditions is an ethnography of Islamic legal expertise and practices in India, a secular state in which Muslims are a significant minority and where Islamic judgments are not legally binding. Katherine Lemons argues that an analysis of divorce in accordance with Islamic strictures is critical to the understanding of Indian secularism. Lemons analyzes four marital dispute adjudication forums run by Muslim jurists or lay Muslims to show that religious law does not muddle the categories of religion and law but generates them. Drawing on ethnographic and archival research conducted in these four institutions—NGO-run women's arbitration centers (mahila panchayats); sharia courts (dar ul-qazas); a Muslim jurist's authoritative legal opinions (fatwas); and the practice of what a Muslim legal expert (mufti) calls "spiritual healing"—Divorcing Traditions shows how secularism is an ongoing project that seeks to establish and maintain an appropriate relationship between religion and politics. A secular state is always secularizing. And yet, as Lemons demonstrates, the state is not the only arbiter of the relationship between religion and law: religious legal forums help to constitute the categories of private and public, religious and secular upon which secularism relies. In the end, because Muslim legal expertise and practice are central to the Indian legal system and because Muslim divorce's contested legal status marks a crisis of the secular distinction between religion and law, Muslim divorce, argues Lemons, is a key site for understanding Indian secularism.
Book Synopsis International Law and Religion by : Martti Koskenniemi
Download or read book International Law and Religion written by Martti Koskenniemi and published by Oxford University Press. This book was released on 2017 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collective volume brings together contributions by academics in various fields of law and the humanities, in order to tackle the complex interactions between international law and religion. The originality and the variety of approaches makes this book a must-have for academics planning to approach the topic in the future.
Book Synopsis An Introduction to Islamic Law by : Wael B. Hallaq
Download or read book An Introduction to Islamic Law written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 2009-07-09 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.
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.
