Waqf in Zaydi Yemen : legal theory, codification, and local practice /
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Islamic foundations ( waqf , pl. awqāf ) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh , codification, individual waqf cases, and everyday waqf -related knowledge. It combines textual analysis with ethnography and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwā s, and waqf documents, mostly from Zaydī, northern Yemen.
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1 online resource. :
9789004377844 :
Available to subscribing member institutions only.
The Birth of a Legal Institution : The Formation of the Waqf in Third-Century A.H. Ḥanafī Legal Discourse /
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This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra᾿y and the Aḥkām al-Awqāf of al-Khaṣṣāf. The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions. The close textual analysis of these treatises is especially important for historians of early Islamic law.
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1 online resource. :
Includes bibliographical references and index. :
9789047402213
9789004130296