Waqf in Zaydi Yemen : legal theory, codification, and local practice / by Eirik Hovden.

Format:

Book

Author/Creator:

Hovden, Eirik, author.

Series:

Studies in Islamic law and society ; v. 46.

Studies in Islamic law and society, 1384-1130 ; volume 46

Language:

English

Subjects (All):

Waqf--Yemen (Republic).

Waqf.

Islamic law--Yemen (Republic).

Islamic law.

Yemen (Republic).

Physical Description:

x, 425 pages : illustrations ; 25 cm.

Place of Publication:

Leiden, The Netherlands ; Boston : Brill, [2019].

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.

Contents:

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 Qasimi Dynasty (1045-1289/1636-1872)

The waqf administration of Imam Yaya and Imam Amad (1911-62)

The ministry of Awqaf after the revolution (1962-)

Main texts of Zaydi waqf fiqh and law

Zaydism

Zaydi fiqh texts and authors

Zaydi validated fiqh, imamic decrees, Yemeni codification and laws

Family waqf and inheritance

Structure and main argument of the chapter

The arrival of al-Hadi and his waqf-waiya model

The fatwas of imam al-Manur Abdallah b. Amza (561-614/1166-1217

Instiar and Nur al-Abar

The views of Ibn al-Murtaa (d. 840/1436) and Ibn Nifta (d. 877/1472)

The fatwa collection of imam Izz al-Din (846-901/1442-95)

Ikhtiyarat of al-mutawakkil Ismail (ca. 1060/1650)

Al-risala al-mahdawiyya from 1188/1774

Al-shawkani's views (1173-1250/1760-1834)

Imam Yaya's decrees

Imam Amad's decrees (r. 1948-62)

Republican waqf laws on the matter

Exclusion of the Awlad al-Banat 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 Zaydi 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-laafa

An ethnographic description

Four waqf documents of public sanaa sabil-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 malaa : conclusions

Sources of validity

Situating legal knowledge

The potential in waqf.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Hovden, Eirik, author. Waqf in Zaydi Yemen

ISBN:

9789004377721

9004377727

OCLC:

1079198557