Classical waqf, juristic analogy and framework of awqaf doctrines
Author
Source
ISRA International Journal of Islamic Finance
Issue
Vol. 12, Issue 2 (31 Aug. 2020), pp.281-296, 16 p.
Publisher
International Shari'ah Research Academy for Islamic Finance
Publication Date
2020-08-31
Country of Publication
Malaysia
No. of Pages
16
Main Subjects
Abstract EN
Purpose-this paper aims to analyse the shariah premises of waqf (Islamic endowment), followed by dilating on the nature of argumentation among the classical jurists on its rules and principles.
the paper critically analyses the edifice of the applied juristic analogy of different early jurists in deriving various waqf doctrines.
the objective of analysing the jurisprudential framework of waqf in its classical mould is to conceptualise the methods, mechanism and nature of juristic analogies in deriving the waqf principles.
this analysis is critical to understand the scope of jurisprudential flexibility in modern awqaf.
design/methodology/approach-the paper is an outcome of a library-based research.
it uses the classical jurisprudential treatises of waqf with an aim to analyse the shariah basis of the institution, the premises of its key principles and the applied juristic analogy to derive the same.
the paper covers the classical waqf books and treatises from the four Sunni schools of jurisprudence and uses a textual analysis method.
findings-the paper finds that in its initial phase, the conceptual framework of waqf was not unanimously agreed by all jurists, rather its shariah permissibility remained critically disputed among them for a while.
though, the opinion of those jurists who approved the shariah-validity of waqf was to prevail in the later stage, disagreement persisted with reference to its necessary features and defining criteria.
it is found that in the classical waqf literature, two most disputed aspects of waqf jurisprudence constituted the requirements for completion of a waqf and its ownership status.
research limitations / implications-this study neither covers the historical contribution of waqf among the Muslim societies nor touches on the empirical aspects of modern waqf.
rather, the focus of the study is limited to analysing the classical jurisprudential discourse of waqf and distillation process of its rulings.
practical implications-the objective of analysing the classical juristic discourse of waqf is to underline the premises of classical juristic analogy in determining the framework of fiqh al-awqāf (jurisprudence of waqf) in its classical permutations and to learn how to adopt a similar approach for deduction of new waqf rulings.
originality/value-this paper adds original value to the body of waqf literature for analysing the classical waqf rulings distillation process along with examining the methods and mechanism of juristic analogy.
American Psychological Association (APA)
Abd Allah, Muhammad. 2020. Classical waqf, juristic analogy and framework of awqaf doctrines. ISRA International Journal of Islamic Finance،Vol. 12, no. 2, pp.281-296.
https://search.emarefa.net/detail/BIM-1430179
Modern Language Association (MLA)
Abd Allah, Muhammad. Classical waqf, juristic analogy and framework of awqaf doctrines. ISRA International Journal of Islamic Finance Vol. 12, no. 2 (2020), pp.281-296.
https://search.emarefa.net/detail/BIM-1430179
American Medical Association (AMA)
Abd Allah, Muhammad. Classical waqf, juristic analogy and framework of awqaf doctrines. ISRA International Journal of Islamic Finance. 2020. Vol. 12, no. 2, pp.281-296.
https://search.emarefa.net/detail/BIM-1430179
Data Type
Journal Articles
Language
English
Notes
Includes bibliographical references : p. 295-296
Record ID
BIM-1430179