Waqf in Zaydī Yemen : legal theory, codification, and local practice / by Eirik Hovden.
2019
KMX1271.35 .H68 2019 (Mapit)
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Details
Author
Title
Waqf in Zaydī Yemen : legal theory, codification, and local practice / by Eirik Hovden.
Imprint
Leiden, The Netherlands ; Boston : Brill, [2019]
Description
x, 425 pages : illustrations (some color), color map ; 25 cm.
Series
Studies in Islamic law and society ; v. 46. 1384-1130
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.
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.
Summary
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.
Note
Based on the author's thesis (Ph.D) -- University of Bergen, Norway.
Bibliography, etc. Note
Includes bibliographical references (pages 385-399) and indexes.
Available in Other Form
Online version: Hovden, Eirik. Waqf in Zaydi Yemen. Leiden ; Boston : Brill, 2018
Call Number
KMX1271.35 .H68 2019
Language
English
ISBN
9789004377721 (hardback ; alkaline paper)
9004377727
9789004377844 e-book
9004377727
9789004377844 e-book
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