Brief on waqf, its substitution (Istibdāl), and selected resolutions of Islāmic Fiqh Academy India: a maqāṣid al-sharī’ah perspective
Waqf is a charity in which corpus is maintained and the usufruct is given to the beneficiaries. The continuity of the usufruct depends on the maintenance and management of the corpus. One of the modes used both in classical and modern times to maintain waqf-properties is substitution of one waqf-pro...
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iium-688852019-01-08T06:00:56Z http://irep.iium.edu.my/68885/ Brief on waqf, its substitution (Istibdāl), and selected resolutions of Islāmic Fiqh Academy India: a maqāṣid al-sharī’ah perspective Ali, Mohammed Farid U Tun Aung, Maulana Akbar Shah Gamon, Alizaman Dumangcag KBP Islamic Law KBP2000 Public law. The state and Islam KBP3526 Public finance KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. KBP50 History, development and application of Islamic law KBP639 Muʻāmalāt Waqf is a charity in which corpus is maintained and the usufruct is given to the beneficiaries. The continuity of the usufruct depends on the maintenance and management of the corpus. One of the modes used both in classical and modern times to maintain waqf-properties is substitution of one waqf-property with another known as istibdāl. This paper reads into Istibdāl, selected resolutions of Fiqh Academy India and scrutinizes them under the Sharī’ah objectives of waqf and tabarru‘āt (donation). The finding shows that modes of Istibdāl permitted by Islāmic law realize the Sharī’ah objectives of waqf concomitantly. Modes which were not permitted oppose the objectives of the Sharī’ah. This work is a potential guide for institutions and committees involved with the development of waqf-properties using innovative financing modes. IIUM Press 2018 Article PeerReviewed application/pdf en http://irep.iium.edu.my/68885/1/Brief%20on%20Waqf%20Intellectual%20Discourse%20Special%20Issue%202018.pdf Ali, Mohammed Farid and U Tun Aung, Maulana Akbar Shah and Gamon, Alizaman Dumangcag (2018) Brief on waqf, its substitution (Istibdāl), and selected resolutions of Islāmic Fiqh Academy India: a maqāṣid al-sharī’ah perspective. Intellectual Discourse, 26 (Special Issue). pp. 1093-1108. ISSN 0128-4878 E-ISSN 2289-5639 http://journals.iium.edu.my/intdiscourse/index.php/islam/issue/view/81 |
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language |
English |
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KBP Islamic Law KBP2000 Public law. The state and Islam KBP3526 Public finance KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. KBP50 History, development and application of Islamic law KBP639 Muʻāmalāt |
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KBP Islamic Law KBP2000 Public law. The state and Islam KBP3526 Public finance KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. KBP50 History, development and application of Islamic law KBP639 Muʻāmalāt Ali, Mohammed Farid U Tun Aung, Maulana Akbar Shah Gamon, Alizaman Dumangcag Brief on waqf, its substitution (Istibdāl), and selected resolutions of Islāmic Fiqh Academy India: a maqāṣid al-sharī’ah perspective |
description |
Waqf is a charity in which corpus is maintained and the usufruct is given to the beneficiaries. The continuity of the usufruct depends on the maintenance and management of the corpus. One of the modes used both in classical and modern times to maintain waqf-properties is substitution of one waqf-property with another known as istibdāl. This paper reads into Istibdāl, selected resolutions of Fiqh Academy India and scrutinizes them under the Sharī’ah objectives of waqf and tabarru‘āt (donation). The finding shows that modes of Istibdāl permitted by Islāmic law realize the Sharī’ah objectives of waqf concomitantly. Modes which were not permitted oppose the objectives of the Sharī’ah. This work is a potential guide for institutions and committees involved with the development of waqf-properties using innovative financing modes. |
format |
Article |
author |
Ali, Mohammed Farid U Tun Aung, Maulana Akbar Shah Gamon, Alizaman Dumangcag |
author_facet |
Ali, Mohammed Farid U Tun Aung, Maulana Akbar Shah Gamon, Alizaman Dumangcag |
author_sort |
Ali, Mohammed Farid |
title |
Brief on waqf, its substitution (Istibdāl), and selected
resolutions of Islāmic Fiqh Academy India:
a maqāṣid al-sharī’ah perspective |
title_short |
Brief on waqf, its substitution (Istibdāl), and selected
resolutions of Islāmic Fiqh Academy India:
a maqāṣid al-sharī’ah perspective |
title_full |
Brief on waqf, its substitution (Istibdāl), and selected
resolutions of Islāmic Fiqh Academy India:
a maqāṣid al-sharī’ah perspective |
title_fullStr |
Brief on waqf, its substitution (Istibdāl), and selected
resolutions of Islāmic Fiqh Academy India:
a maqāṣid al-sharī’ah perspective |
title_full_unstemmed |
Brief on waqf, its substitution (Istibdāl), and selected
resolutions of Islāmic Fiqh Academy India:
a maqāṣid al-sharī’ah perspective |
title_sort |
brief on waqf, its substitution (istibdāl), and selected
resolutions of islāmic fiqh academy india:
a maqāṣid al-sharī’ah perspective |
publisher |
IIUM Press |
publishDate |
2018 |
url |
http://irep.iium.edu.my/68885/ http://irep.iium.edu.my/68885/ http://irep.iium.edu.my/68885/1/Brief%20on%20Waqf%20Intellectual%20Discourse%20Special%20Issue%202018.pdf |
first_indexed |
2023-09-18T21:37:45Z |
last_indexed |
2023-09-18T21:37:45Z |
_version_ |
1777412934407815168 |