Toward the reform of private waqfs : a comparative study of Isamic waqfs and English trusts / by Dr. Hamid Harasani.
2015
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Items
Details
Author
Title
Toward the reform of private waqfs : a comparative study of Isamic waqfs and English trusts / by Dr. Hamid Harasani.
Imprint
Leiden ; Boston : Brill Nijhoff, [2015]
Description
1 online resource (xix, 255 pages).
Series
Brill's Arab and Islamic laws series ; 10.
International Law E-Books Online, Collection 2016, ISBN ; 9789004303904.
International Law E-Books Online, Collection 2016, ISBN ; 9789004303904.
Formatted Contents Note
Preliminary Material
Introduction
1 Methodology and General Difficulties
2 The Current State of Islamic Waqf Law: Highlighting and Discussing the Criticisms of the Waqf System
3 Exploring the Tension between the Waqf's Perpetuity Laws and the English Trust's Rule against Perpetuities
4 Trust and Waqf Ownership Structures
Conclusion
Bibliography
Index.
Introduction
1 Methodology and General Difficulties
2 The Current State of Islamic Waqf Law: Highlighting and Discussing the Criticisms of the Waqf System
3 Exploring the Tension between the Waqf's Perpetuity Laws and the English Trust's Rule against Perpetuities
4 Trust and Waqf Ownership Structures
Conclusion
Bibliography
Index.
Summary
Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust's law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.
Note
Based on author's thesis (doctoral - King's College London, University of London, 2014).
Bibliography, etc. Note
Includes bibliographical references (pages 225-244) and index.
Location
www
Available in Other Form
Print version: Toward the Reform of Private Waqfs: A Comparative Study of Islamic Waqfs and English Trusts Leiden, Boston : Brill | Nijhoff, 2015,
Access Note
Available to subscribing member institutions only.
Linked Resources
Alternate Title
Brill International Law E-Books Online Collection
Language
English
ISBN
9789004306967 (electronic book)
9789004306974 (print)
9789004306974 (print)
Record Appears in