Socio-legal significance of family waqf in Islamic Law: Its degradation and revival

From a Shari’ah perspective, no essential difference is noticed between public welfare waqf and a waqf created for the benefit of individuals such as descendants and family of a person, and both are treated as recommended avenues for voluntary gratuitous transfer of benefits. Over the centuries, fam...

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Main Authors:	Sadique, Muhammad Abdurrahman, Ansari, Abdul Haseeb, Hingun, Mohsin, Hasan, Aznan
Format:	Article
Language:	English
Published:	IIUM Press 2016
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/54325/ http://irep.iium.edu.my/54325/ http://irep.iium.edu.my/54325/1/275-978-1-PB.pdf

id	iium-54325
recordtype	eprints
spelling	iium-543252017-01-19T00:41:06Z http://irep.iium.edu.my/54325/ Socio-legal significance of family waqf in Islamic Law: Its degradation and revival Sadique, Muhammad Abdurrahman Ansari, Abdul Haseeb Hingun, Mohsin Hasan, Aznan K Law (General) KBP Islamic Law From a Shari’ah perspective, no essential difference is noticed between public welfare waqf and a waqf created for the benefit of individuals such as descendants and family of a person, and both are treated as recommended avenues for voluntary gratuitous transfer of benefits. Over the centuries, family awqaf have degenerated due to various social and political factors. Under the influence of the English law that regards family trusts as non-charitable, family awqaf have been treated as non-charitable institutions, and have been deprived of the privileges and immunities granted to charitable awqaf. In this context, the current article discusses the essential nature of such awqaf with regard to their position in Islamic law and history as well as their social significance, and attempts to shed light on the degeneration that took place in the recent past, while exploring means of revival. It finds that the creation of endowments for specific beneficiaries such as waqf for those related to the endower is a recognised form of charity in Islamic law, that function as public serving entities directly or indirectly. Issues encountered in such awqaf do not necessitate denying their multiple advantages. Providing the necessary legal regulation and administrative framework as well as tax exemption for all awqaf could go a long way in promoting the cause of waqf. IIUM Press 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/54325/1/275-978-1-PB.pdf Sadique, Muhammad Abdurrahman and Ansari, Abdul Haseeb and Hingun, Mohsin and Hasan, Aznan (2016) Socio-legal significance of family waqf in Islamic Law: Its degradation and revival. IIUM Law Journal, 24 (2). pp. 309-334. ISSN 0128-2538 E-ISSN 2289-7852 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/275/198
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Sadique, Muhammad Abdurrahman Ansari, Abdul Haseeb Hingun, Mohsin Hasan, Aznan Socio-legal significance of family waqf in Islamic Law: Its degradation and revival
description	From a Shari’ah perspective, no essential difference is noticed between public welfare waqf and a waqf created for the benefit of individuals such as descendants and family of a person, and both are treated as recommended avenues for voluntary gratuitous transfer of benefits. Over the centuries, family awqaf have degenerated due to various social and political factors. Under the influence of the English law that regards family trusts as non-charitable, family awqaf have been treated as non-charitable institutions, and have been deprived of the privileges and immunities granted to charitable awqaf. In this context, the current article discusses the essential nature of such awqaf with regard to their position in Islamic law and history as well as their social significance, and attempts to shed light on the degeneration that took place in the recent past, while exploring means of revival. It finds that the creation of endowments for specific beneficiaries such as waqf for those related to the endower is a recognised form of charity in Islamic law, that function as public serving entities directly or indirectly. Issues encountered in such awqaf do not necessitate denying their multiple advantages. Providing the necessary legal regulation and administrative framework as well as tax exemption for all awqaf could go a long way in promoting the cause of waqf.
format	Article
author	Sadique, Muhammad Abdurrahman Ansari, Abdul Haseeb Hingun, Mohsin Hasan, Aznan
author_facet	Sadique, Muhammad Abdurrahman Ansari, Abdul Haseeb Hingun, Mohsin Hasan, Aznan
author_sort	Sadique, Muhammad Abdurrahman
title	Socio-legal significance of family waqf in Islamic Law: Its degradation and revival
title_short	Socio-legal significance of family waqf in Islamic Law: Its degradation and revival
title_full	Socio-legal significance of family waqf in Islamic Law: Its degradation and revival
title_fullStr	Socio-legal significance of family waqf in Islamic Law: Its degradation and revival
title_full_unstemmed	Socio-legal significance of family waqf in Islamic Law: Its degradation and revival
title_sort	socio-legal significance of family waqf in islamic law: its degradation and revival
publisher	IIUM Press
publishDate	2016
url	http://irep.iium.edu.my/54325/ http://irep.iium.edu.my/54325/ http://irep.iium.edu.my/54325/1/275-978-1-PB.pdf
first_indexed	2023-09-18T21:16:53Z
last_indexed	2023-09-18T21:16:53Z
_version_	1777411622077202432

Socio-legal significance of family waqf in Islamic Law: Its degradation and revival

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