Toward the Reform of Private Waqfs


Book Description

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.







Islamic Financial Institutions from the Early Modern Period to the 20th Century


Book Description

The edited collection offers a comprehensive and intricate exploration of Ottoman cash waqfs, extending its scope from the early modern era to the onset of the twentieth century. It delves into the historical evolution of these private Islamic financial institutions, shedding light on their enduring influence and drawing insightful parallels with both contemporary Middle Eastern and European financial systems. Leveraging newly uncovered data spanning various regions of the Ottoman Empire, this work scrutinizes the dynamic functions of waqfs, revealing their significant imprint on today's financial paradigms. It advances existing scholarship by employing quantitative methodologies and systematic analysis of these emergent datasets, facilitating a sophisticated, longitudinal study of cash waqfs within the broader spectrum of historical interest rate trends and global credit markets. The chapters trace the transformation of waqfs from entities primarily holding immovable assets to those managing movable assets (cash waqfs), delineating their role in generating revenue for diverse purposes. These encompass funding state debts, fostering infrastructure development, and extending microcredit to economically marginalized segments of society. Additionally, the book explores the challenges and failures encountered in the transition of financial institutions during the Ottoman era, particularly in the context of the emergence of large public banks. The concluding segment of the book offers a comparative analysis of financial systems across various countries, including the shift from private to public banking in Italy, and contemplates the potential applicability of waqf models in contemporary microcredit initiatives and sustainable development strategies. This volume will appeal to scholars of financial history, economic history, Ottoman studies, and Islamic finance.




“Buyurdum ki....” – The Whole World of Ottomanica and Beyond


Book Description

This book is dedicated to Claudia Römer and brings together 33 contributions spanning a period from the 15th to the 20th century and covering the wide range of topics with which the honouree is engaged. The volume is divided into six parts that present current research on language, literature, and style as well as newer approaches and perspectives in dealing with sources and terminologies. Aspects such as conquest, administration, and financing of provinces are found as well as problems of endowments and the circulation of goods in the Arab provinces of the Ottoman Empire. Another main topic is dedicated to minorities and their role and situation in various provinces and cities of the Ottoman Empire, as represented by various sources. But also topics like conversion, morality and control are illuminated. Finally, the volume provides an insight into the late Ottoman and early republican period, in which some previously unpublished sources (such as travel letters, memoirs) are presented and (re)discussed. The book is not only aimed at scholars and students of the Ottoman Empire; the thematic range is also of interest to linguists, historians, and cultural historians.




The Birth of a Legal Institution


Book Description

This work presents an analysis of the earliest legal treatises on the Islamic trust, or waqf - the Ah kam al-Waaf" of Hilal al-Ray and the Ah kam al-Awqaf of al-Khassaf. This work undertakes a textual analysis of the treatises.




Islamic Development in Palestine


Book Description

This book assesses the capabilities of an Islamic approach in aiding self-organisation by examining the case of the occupied Palestinian territories in conjunction with a comparative analysis of four other nations. Three main mechanisms of Islamic development are explored; finance, microfinance and charity. Identifying the need to recognise the non-linear nature of societal interaction at the individual, community and state levels, the book uses complexity theory to better understand development. It assesses the role of Islamic development at macro and micro levels and identifies issues with rigid and hierarchical policy making.




Awqaf-led Islamic Social Finance


Book Description

This book provides an authoritative and comprehensive overview of Waqf (endowment), addressing specific issues, models, solutions, structures and practices. As Islamic finance has gained in significance, so too has the institution of Waqf, working towards creating an enterprising and an entrepreneurial community across the globe, in order to meet the underlying objectives of the sustainable development goals (SDGs) by targeting the low-income group in particular. The book analyses the historical context of Waqf as well as its revival in the digital era. It addresses the laws and policies affecting the management of Waqf, such as Maqasid al-Shari’ah, law and policies, law and fiscal reform, regulations applied within Muslim countries, judicial procedures and dispute resolutions and covers the core issues concerning the formalities of Waqf, its management and corporate governance questions. The book includes a series of specialised chapters focusing on the products and services of Waqf, covering product innovation, product development, and then assesses the risk factors in Waqf and Waqf Takaful. Finally, it focuses on the challenges of Waqf and offers recommendations for the way forward. A timely and practical guide, comprising a literature review and future research directions, as well as a number of international case studies, this will be a key reference for academics, students, researchers, practitioners and policy makers.




Family Life in the Ottoman Mediterranean


Book Description

In writings about Islam, women and modernity in the Middle East, family and religion are frequently invoked but rarely historicized. Based on a wide range of local sources spanning two centuries (1660–1860), Beshara B. Doumani argues that there is no such thing as the Muslim or Arab family type that is so central to Orientalist, nationalist, and Islamist narratives. Rather, one finds dramatic regional differences, even within the same cultural zone, in the ways that family was understood, organized, and reproduced. In his comparative examination of the property devolution strategies and gender regimes in the context of local political economies, Doumani offers a groundbreaking examination of the stories and priorities of ordinary people and how they shaped the making of the modern Middle East.




History and Society During the Mamluk Period (1250-1517)


Book Description

Once a person starts to study the 250-some years of the Mamluk Era in Egypt and Syria (12501517), one characteristic of that period stands out immediately the very unusual polarization of its society. A predominantly Arabic population was dominated by a purely Turkish-born elite of manu-mitted military slaves who sought to regenerate themselves continuously through a self-imposed fiat. The only person who could become a Mamluk was a Turk who had been born free outside the Islamic territories as a non-Muslim, then enslaved, brought to Egypt as a slave, converted to Islam, freed, and finally, trained as a warrior. Only those who met these prerequisites were members of the ruling stratum with all the concomitant political, military, and economic advantages. On this historically unique model of a society, Stephan Conermann has published a series of seminal articles. In this edited volume the reader gets an excellent introduction to some of the central issues of the ongoing research on the Mamluk history and society.