Muslim Endowments, Waqf Law and Judicial Response in India


Book Description

This book deals with Law of Waqf (Muslim Endowment Law) and its judicial response in India. The volume covers several jurisprudential and historical aspects of Waqf, which include Doctrines of Waqf; Essential Requisites of Waqf; Valid Objects of Waqf; Historical Account of Waqf; Emergence of Waqf Law in India; and Constitutional Validity of Waqf in India. The chapters then go on to discuss the Waqf Act 1995 and Waqf Amendment Act 2013. The legal perspectives of each Section of Waqf Act and its amendments are elucidated with references under Reflections. The case-law has been analysed and cited under each Section of Waqf Act, wherever applicable. This book will be of interest to scholars and researchers of law and legal studies. It will be of interest to practitioners of Waqf Jurisprudence in India, the managers of Waqf Institutions and officials involved in Waqf Administration.




Muslim Endowments, Waqf Law and Judicial Response in India


Book Description

This book deals with Law of Waqf (Muslim Endowment Law) and its judicial response in India. The volume covers several jurisprudential and historical aspects of Waqf, which include Doctrines of Waqf; Essential Requisites of Waqf; Valid Objects of Waqf; Historical Account of Waqf; Emergence of Waqf Law in India; and Constitutional Validity of Waqf in India. The chapters then go on to discuss the Waqf Act 1995 and Waqf Amendment Act 2013. The legal perspectives of each Section of Waqf Act and its amendments are elucidated with references under Reflections. The case-law has been analysed and cited under each Section of Waqf Act, wherever applicable. This book will be of interest to scholars and researchers of law and legal studies. It will be of interest to practitioners of Waqf Jurisprudence in India, the managers of Waqf Institutions and officials involved in Waqf Administration.




Land, Law and Islam


Book Description

In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.




Held in Trust


Book Description

Waqfs (pious endowments) long held a crucial place in the political, economic, and social life of the Islamic world. This volume, which evolved from papers delivered at the 2005 American University in Cairo Annual History Seminar, offers a meticulous set of studies that fills a gap in our knowledge of waqf and its uses.




Law and Identity in Colonial South Asia


Book Description

This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.




Islam, Authoritarianism, and Underdevelopment


Book Description

Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.







An Introduction to Islamic Law


Book Description

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.




Monsoon Islam


Book Description

Between the twelfth and sixteenth centuries, a distinct form of Islamic thought and practice developed among Muslim trading communities of the Indian Ocean. Sebastian R. Prange argues that this 'Monsoon Islam' was shaped by merchants not sultans, forged by commercial imperatives rather than in battle, and defined by the reality of Muslims living within non-Muslim societies. Focusing on India's Malabar Coast, the much-fabled 'land of pepper', Prange provides a case study of how Monsoon Islam developed in response to concrete economic, socio-religious, and political challenges. Because communities of Muslim merchants across the Indian Ocean were part of shared commercial, scholarly, and political networks, developments on the Malabar Coast illustrate a broader, trans-oceanic history of the evolution of Islam across monsoon Asia. This history is told through four spaces that are examined in their physical manifestations as well as symbolic meanings: the Port, the Mosque, the Palace, and the Sea.




Sex, Law and the Politics of Age


Book Description

An innovative study of the establishment of 'age' as a political category in late colonial India.