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The Birth of a Legal Institution
The Formation of the Waqf in Third-Century A.H. Ḥanafī Legal Discourse
Series: - Studies in Islamic Law and Society, Volume: 18
Author:
This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the AḥkÄm al-Waqf of HilÄl al-Ra᾿y and the AḥkÄm al-AwqÄf of al-KhaṣṣÄf.
The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions.
The close textual analysis of these treatises is especially important for historians of early Islamic law.
The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions.
The close textual analysis of these treatises is especially important for historians of early Islamic law.
Peter C. Hennigan, Ph.D. (1999) in History, Cornell University, (J.D. 2001), Yale Law School, is a law clerk for the Honorable Ralph K. Winter, Jr. of the United States Court of Appeals for the Second Circuit.
All those interested in the waqf, early Islamic law and history, the history of the trust, and scholars of the history of law and comparative law.