x, 425 pages : illustrations (some color), color map ; 25 cm.
9789004377721 (hardback ; alkaline paper) 9004377727 9789004377844 e-book
Studies in Islamic law and society ; v. 46. 1384-1130
Islamic foundations (waqf, pl. awqāf) have been an integral part of Yemeni society both for managing private wealth and as a legal frame for charity and public infrastructure. This book focuses on four socially grounded fields of legal knowledge: fiqh, codification, individual waqf cases, and everyday waqf related knowledge. It combines textual analysis with ethnography seeking to understand how Islamic law is approached, used, produced and validated in selected topics of waqf law where the tensions are strong between ideals and pragmatic rules. The study analyses central Zaydī fiqh works such as the Sharḥ al-azhār-cluster, in addition to imamic decrees, fatwās, and waqf documents, mostly from Zaydī, Northern Yemen.
Based on the author's thesis (Ph.D) -- University of Bergen, Norway.
Bibliography, etc. Note
Includes bibliographical references (pages 385-399) and indexes.
Formatted Contents Note
Waqf as public infrastructure and welfare in Muslim societies Field, scope, and focus Types of data Fieldwork Archival material The structure of the book Representing validity in Islamic law. Normative and descriptive models of waqf Academic debates on Islamic law Arriving at an analytical framework Central waqf administration. Types of waqf in Yemen Historical overview of centralized state waqf administration Waqf administration under the Qāsimī Dynasty (1045-1289/1636-1872) The waqf administration of Imam Yaḥyā and Imam Aḥmad (1911-62) The ministry of Awqāf after the revolution (1962- ) Main texts of Zaydī waqf fiqh and law. Zaydism Zaydī fiqh texts and authors Zaydī validated fiqh, imamic decrees, Yemeni codification and laws Family waqf and inheritance. Structure and main argument of the chapter The arrival of al-Hādī and his waqf-waṣīya model The fatwās of Imam al-Manur Abdallah b. Ḥamza (614/1216) Instiṣār and Nūr al-Abṣār The views of Ibn al-Murtaḍā (d. 840/1437) and Ibn Miftāḥ (d. 877/1472) The fatwā collection of Imam Izz al-Dīn (900/1495) Ikhtiyārāt of al-Mutawakkil Ismā'īl (ca. 1060/1650) Al-risāla al-Mahdawiyya from 1188/1774 Al-shawkānī's views (1250/1834) Imam Yaḥyā's decrees Imam Aḥmad's decrees Republican waqf laws on the matter Exclusion of the Awlād al-Banāt in other law schools The tenant's strong hand. Property and lease law The genealogy and trajectory of the three-year rule The three-year rule in Zaydī fiqh : a chronological presentation The three-year rule in modern Yemeni codification The three-year rule in other law schools and legal traditions Waqf lease in practice Private rights in public waqf. The waiya of three cisterns : bayt al-laḥafa (2008): an ethnographic description Four waqf documents of public sanaa sabīl-waqfs with private benefits Theoretical possibilities for private aspects of a public waqf Questions concerning the right to guardianship in combined waqfs Pure law, urf, and maṣlaḥa : conclusions. Sources of validity Situating legal knowledge The potential in waqf.
KMX1271.35 .H68 2019
Available in Other Form
Online version: Hovden, Eirik. Waqf in Zaydi Yemen. Leiden ; Boston : Brill, 2018
Leiden, The Netherlands ; Boston : Brill,