The Birth of a Legal Institution: The Formation of the Waqf by Peter Hennigan PDF

By Peter Hennigan

ISBN-10: 1423714342

ISBN-13: 9781423714347

ISBN-10: 9004130292

ISBN-13: 9789004130296

This paintings offers an research of the earliest felony treatises at the Islamic belief, or waqf - the Ah kam al-Waaf" of Hilal al-Ray and the Ah kam al-Awqaf of al-Khassaf. This paintings undertakes a textual research of the treatises.

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Extra resources for The Birth of a Legal Institution: The Formation of the Waqf in Third-Century A.H. Hanafi Legal Discourse (Studies in Islamic Law and Society) (Studies in Islamic Law and Society)

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The assumption that Ibn 'Abd al-Óakam was first and foremost a “scholar” implicitly privileges a hierarchy of values that may not be representative of the legal culture. The reluctance to view these early jurists as motivated by a desire for political and administrative appointments is partly a reflection of developments and changes in the values of Islamic legal culture that transpired over several centuries. 50 Additionally, the “classical model” of religion and politics posits a separation of the religious establishment from the state,51 a separation that is neatly encapsulated in A˙mad b.

57 But if al-Khaßßàf saw himself as transcending the preceding generation of Óanafì jurists, this perception was not shared by later jurists within the Óanafì school. 58 In the fifth century Mabsù† of al-Sarakhsì, al-Khaßßàf (and Hilàl) are marginalized as followers of Abù Óanìfa, Abù Yùsuf, Mu˙ammad 57 Brockopp, “Early Islamic Jurisprudence in Egypt: Two Scholars and their Mukhtaßars,” IJMES 30 (1998), 172–73, 177. 58 Melchert, The Formation of the Sunni Schools of Law, 60.    à -"   -ßßà 13 b.

Her brother is not entitled to anything from this. 41 And Mu˙ammad b. al-Óasan said: This is exclusively an inheritance (mìràth) and not a bequest (waßiyya). 42 In other contexts, the voices of the earliest Muslims are heard in authority statements, called akhbàr or àthàr. In contrast to a full ˙adìth which contains both a narrative (matn) and a chain of transmitters (isnàd ), these akhbàr/àthàr traditions only contain the former. In the A˙kàm al-Waqf of Hilàl, the author mentions the practices of important Companions such as 'Umar b.

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The Birth of a Legal Institution: The Formation of the Waqf in Third-Century A.H. Hanafi Legal Discourse (Studies in Islamic Law and Society) (Studies in Islamic Law and Society) by Peter Hennigan


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