Le Waqf et sa terminologie : entre pratiques sociales locales et normes de jurisprudence

Abstract EN

The pious foundations (waqfs) developed within the framework of Islamic jurisprudence according to its different rites as well as within non-Muslim religious communities of the dâr al-islâm.

Legislation on the pious foundations has been an important part of the fiqh texts which defined the fundamental elements of waqf with respect to its properties, its endowers, its beneficiaries and the formulas used in the pertinent documents.

Research carried out on waqf documents show the diversity of these documents and the terminology used in them.

This diversity is the product of the long development of the institution, its local particularities and sociocultural practices.

The multiple dimensions of waqf and the wealth of its documentary corpus have created a field composed of several disciplines for researchers.

This has contributed towards the existence of waqf studies as an autonomous field of research in Algeria and in other Muslim-majority countries as well as elsewhere in the world.

Consequently, specific and interdisciplinary approaches permit researchers to work on different aspects of waqf, in particular, on the pertinent terminology, local practices, meanings and perceptions.

As an example, historians base their research on the analysis of local documents within their historical context so as to understand their contents beyond generalities and the appearance of the text.

In this way, the terminology of waqf is connected to the conditions of its use.

This study method allows us to construct historical knowledge anchored within the realities of local societies; it also defines the interactions of waqf as a social and economic institution with relation to spatiotemporal and cultural conditions which surround it.

Considering waqf as an instrument of solidarity and social organization, sociologists study it as a regulator of relations between individuals and social groups in Muslim societies.

One may also think about connections between the practice of waqf as a traditional institution and instruments being developed within contemporary civil societies with respect to the modernization process.

In other words, it is necessary to reflect upon the potential of waqf as a tool of conciliation between tradition and modernity in contemporary Muslim societies.

Beyond these specific approaches, an increasing interest concerning the question of waqf exists today among researchers in Algeria and in other Muslim majority countries as well as elsewhere in the world.

This interest, in particular, concerns the study of terminology, local practices, meanings and the adaptations of waqf in time and in different locales within the framework of the modernization of Muslim societies between the 19th century up to the present time.

This workshop will study the question of waqf, with particular emphasis on its terminology, according to three principal dimensions: - The terminological dimension: the juridical language of fiqh and the waqf texts which will result in a lexicon on waqf.

- The historical dimension: local historical sources, the interaction between waqf and social, economic and cultural conditions.