Toward Renovating the Fiqh of Awqaf (Arabic Edition) [Arabic]

By Monzer Kahf

After the era of Islamic glory during which Awqaf prospered and performed several social and public services a long time of economic and cultural stagnation and decay came which resulted in submitting the Muslim lands to foreign occupation. During this period Awqaf declined and Awqaf properties were greatly corrupted, abused and destroyed.When the Ummah started to end its long dormancy we found ourselves with a huge and marvelous heritage of legal rulings and frameworks for Awqaf which were all generated in consideration of then prevailing economic and social conditions while there was a tremendous change in means of product, kinds of properties and ways of dealing with properties and wealth items. Awqaf, like Zakah, is very sensitive to kinds of properties and wealth items that exist in a society and to the degree of their liquidity. This necessitates a drastic revision of the Shari'ah rulings of the institution of Awqaf.This book offers an attempt to re-structuring the Awqaf system and its legal/Shari'ah rulings in a way that takes into consideration these fundamental changes in the economic realities, kinds of wealth, kinds of services societies have today while preserving the originality of Waqf and its strong foundations in the original texts of the Qur'an and the Sunnah. This attempt benefits from the great heritage of Awqaf in our classical fiqh without being limited by it, the Western achievement in the field of foundations and endowments and the few recent experience of some Muslim countries in reformulating their Awqaf institutions. The book deals with nine major issues in the Fiqh of Awqaf which are: 1) perpetuality of Waqf, 2) temporality of Waqf, 3) comparing Waqf and charity, 4) creating Awqaf out of usufructs, rights and services, 5) public and private Awqaf, 6) conditions decreed by the founder of Waqf, 7) settling the issue of ownership of the Awqaf properties, i.e., who owns the Awqaf properties, and the issue of Waqf legal entity 8) Waqf management, the Nazir of Mutawalli and lastly 9) tax and other privileges usually granted to Awqaf.The book offers a model Awqaf law that can make a basis of formulating Awqaf laws in the Arab and Muslim countries. This proposed model in founded on the basis of the proposed solution of the above mentioned nine issues

• Format: Paperback
• Language: Arabic
• ISBN: 151478890X
• ISBN13: 9781514788905
• Release Date: July 2015
• Publisher: Createspace Independent Pub
• Length: 196 Pages
• Weight: 0.82 lbs.
• Dimensions: 9.2" x 0.5" x 6.1"