Family waqf in Islamic law: an analysis of its socio-legal significance

It is established that the creation of awqaf for the primary benefit of one’s relatives and descendants was an original innovation of Islam. It has been argued that family waqf endowment is a superior avenue of charity, as such awqaf endeavour to prevent the descendants of the endower from becoming...

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Main Author: Sadique, Muhammad Abdurrahman
Format: Proceeding Paper
Language:English
Published: 2015
Subjects:
Online Access:http://irep.iium.edu.my/45695/
http://irep.iium.edu.my/45695/1/45695.pdf
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author Sadique, Muhammad Abdurrahman
author_facet Sadique, Muhammad Abdurrahman
author_sort Sadique, Muhammad Abdurrahman
building IIUM Repository
collection Online Access
description It is established that the creation of awqaf for the primary benefit of one’s relatives and descendants was an original innovation of Islam. It has been argued that family waqf endowment is a superior avenue of charity, as such awqaf endeavour to prevent the descendants of the endower from becoming needy of others, thus eliminating poverty and need at root. Some governments in Muslim countries had chosen to impose various degrees of restrictions on the creation or functioning of family awqaf, based on the conventional approach that charity should necessarily be directed towards the public, rather than one’s kith and kin. Mismanagement of such awqaf and their failing to fulfil their objectives, has been cited as the key arguments favouring such restrictions. Weaknesses in the judicial system as well as state governance had led to the deterioration in awqaf in addition to mismanagement. Individual management has been proposed as the best suited method for awqaf, while management of investment oriented awqaf should be handled by institutions apart from state, that preserve its nature as a third sector, dissociated from the private sector.
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spelling iium-456952016-05-23T00:34:06Z http://irep.iium.edu.my/45695/ Family waqf in Islamic law: an analysis of its socio-legal significance Sadique, Muhammad Abdurrahman HB846 Welfare theory HG4301 Trust services HV40 Social service. Social work. Charity organization and practice KBP173.25 Islamic law and other disciplines or subjects It is established that the creation of awqaf for the primary benefit of one’s relatives and descendants was an original innovation of Islam. It has been argued that family waqf endowment is a superior avenue of charity, as such awqaf endeavour to prevent the descendants of the endower from becoming needy of others, thus eliminating poverty and need at root. Some governments in Muslim countries had chosen to impose various degrees of restrictions on the creation or functioning of family awqaf, based on the conventional approach that charity should necessarily be directed towards the public, rather than one’s kith and kin. Mismanagement of such awqaf and their failing to fulfil their objectives, has been cited as the key arguments favouring such restrictions. Weaknesses in the judicial system as well as state governance had led to the deterioration in awqaf in addition to mismanagement. Individual management has been proposed as the best suited method for awqaf, while management of investment oriented awqaf should be handled by institutions apart from state, that preserve its nature as a third sector, dissociated from the private sector. 2015-08-16 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/45695/1/45695.pdf Sadique, Muhammad Abdurrahman (2015) Family waqf in Islamic law: an analysis of its socio-legal significance. In: Kuala Lumpur International Business, Economics and Law Conference 7 (KLIBEL 2015), 18th-19th April 2015, Hotel Putra, Kuala Lumpur. http://klibel.com/wp-content/uploads/2015/08/KLIBEL7_Law__43-formatted.pdf
spellingShingle HB846 Welfare theory
HG4301 Trust services
HV40 Social service. Social work. Charity organization and practice
KBP173.25 Islamic law and other disciplines or subjects
Sadique, Muhammad Abdurrahman
Family waqf in Islamic law: an analysis of its socio-legal significance
title Family waqf in Islamic law: an analysis of its socio-legal significance
title_full Family waqf in Islamic law: an analysis of its socio-legal significance
title_fullStr Family waqf in Islamic law: an analysis of its socio-legal significance
title_full_unstemmed Family waqf in Islamic law: an analysis of its socio-legal significance
title_short Family waqf in Islamic law: an analysis of its socio-legal significance
title_sort family waqf in islamic law: an analysis of its socio-legal significance
topic HB846 Welfare theory
HG4301 Trust services
HV40 Social service. Social work. Charity organization and practice
KBP173.25 Islamic law and other disciplines or subjects
url http://irep.iium.edu.my/45695/
http://irep.iium.edu.my/45695/
http://irep.iium.edu.my/45695/1/45695.pdf