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The Islamic trust waqf: a stagnant or reviving legal institution?


Suleiman, Haitam (2016). The Islamic trust waqf: a stagnant or reviving legal institution? Electronic Journal of Islamic and Middle Eastern Law (EJIMEL), 4(23):27-43.

Abstract

For a millennium, the waqf (Islamic trust) has financed Islam as a society, although more recently it has been on the decline. This article examines the grounds for the success of the waqf; the primary one being its solid foundational structure, developed by jurists benefiting from the flexibility of Ijtihad that praises the waqf to be compatible and adaptable to any substantial changes. This article also establishes that the decline cannot be attributable to its foundational basis, nor to the legal doctrine but rather to factors unrelated to its legal theory. The decline can strongly be linked to the absence of an entire Islamic legal system that can accommodate the waqf. Another crucial factor is the political impact; in Muslim countries the main reason was the control of its assets in order to strengthen their existence. In Palestine, the grounds are different; with the need to acquire land and constrain Palestinian political aspiration.

Abstract

For a millennium, the waqf (Islamic trust) has financed Islam as a society, although more recently it has been on the decline. This article examines the grounds for the success of the waqf; the primary one being its solid foundational structure, developed by jurists benefiting from the flexibility of Ijtihad that praises the waqf to be compatible and adaptable to any substantial changes. This article also establishes that the decline cannot be attributable to its foundational basis, nor to the legal doctrine but rather to factors unrelated to its legal theory. The decline can strongly be linked to the absence of an entire Islamic legal system that can accommodate the waqf. Another crucial factor is the political impact; in Muslim countries the main reason was the control of its assets in order to strengthen their existence. In Palestine, the grounds are different; with the need to acquire land and constrain Palestinian political aspiration.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 4/2016 > Articles
Dewey Decimal Classification:Unspecified
Language:English
Date:2016
Deposited On:11 May 2016 13:04
Last Modified:20 Feb 2017 16:27
Publisher:Center for Islamic and Middle Eastern Legal Studies (CIMELS), University of Zurich
ISSN:1664-5707
Free access at:Publisher DOI. An embargo period may apply.
Official URL:http://www.ejimel.uzh.ch/en.html

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