Islamic foundations (waqf, pl. awqaf) 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 and seeks to understand how Islamic law is approached, used, produced, and validated in selected topics of waqf law where there are tensions between ideals and pragmatic rules. The study analyses central Zaydi fiqh works such as the Shar? al-azhar cluster, imamic decrees, fatwas, and waqf documents, mostly from Zaydi, northern Yemen.
For the Arabic edition, please see here.
Rezensionen / Stimmen
'... a rewarding and thought-provoking read. Beyond its great benefit to readers from different academic fields, such as Middle Eastern and Islamic studies, Yemeni studies, legal and fiqh studies, Zaydi and Shii studies, and anthropology, and its engagement with the topic of religious endowments, Islamic or otherwise, it provides a wealth of background information for the development and water supply sectors."
Kerstin Huenefeld in Shii Studies Review 7.1-2 (Online Publication Date: 14 Nov 2023)
DOI: https://doi.org/10.1163/24682470-12340095
Reihe
Sprache
Verlagsort
Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Illustrationen
5 s/w Tabellen, 1 farbige Abbildung, 12 s/w Abbildungen
1 Maps; 5 Tables, black and white; 1 Illustrations, color; 12 Illustrations, black and white
Maße
Höhe: 234 mm
Breite: 160 mm
Dicke: 30 mm
Gewicht
ISBN-13
978-90-04-37772-1 (9789004377721)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Eirik Hovden, Ph.D. (2012), has worked on Yemeni history and ethnography with a focus on medieval and modern Zaydi history, Islamic law, endowments (waqf) and local knowledge in water management.
Acknowledgements
List of Figures
Transliteration
?Personal Names and Imamic Titles
?Dates
1 Introduction
?1?Waqf as Public Infrastructure and Welfare in Muslim Societies
?2?Field, Scope, and Focus
?3?Types of Data
?4?Fieldwork
?5?Archival Material
?6?The Structure of the Book
2 Representing Validity in Islamic Law
?1?Normative and Descriptive Models of Waqf
?2?Academic Debates on Islamic Law
?3?Arriving at an Analytical Framework
3 Central Waqf Administration
?1?Types of Waqf in Yemen
?2?Historical Overview of Centralized State Waqf Administration
?3?Waqf Administration Under the Qasimi Dynasty (1045-1289/1636-1872)
?4?The Waqf Administration of Imam Ya?ya and Imam A?mad (1911-62)
?5?The Ministry of Awqaf After the Revolution (1962-)
4 Main Texts of Zaydi Waqf Fiqh and Law
?1?Zaydism
?2?Zaydi Fiqh Texts and Authors
?3?Zaydi Validated Fiqh, Imamic Decrees, Yemeni Codification and Laws
5 Family Waqf and Inheritance
?1?Structure and Main Argument of the Chapter
?2?The Arrival of al-Hadi and His Waqf-wa?iya Model
?3?The Fatwas of Imam al-Man?ur ?Abdallah b. ?amza (561-614/1166-1217)
?4?Insti?ar and Nur al-ab?ar
?5?The Views of Ibn al-Murta?a (d. 840/1436) and Ibn Mifta? (d. 877/1472)
?6?The Fatwa Collection of Imam ?Izz al-Din (846-901/1442-95)
?7?Ikhtiyarat of al-Mutawakkil Isma?il (ca. 1060/1650)
?8?Al-Risala al-Mahdawiyya from 1188/1774
?9?al-Shawkani's Views (1173-1250/1760-1834)
?10?Imam Ya?ya's Decrees
?11?Imam A?mad's Decrees (r. 1948-62)
?12?Republican Waqf Laws on the Matter
?13?Exclusion of the Awlad al-Banat in Other Law Schools
6 The Tenant's Strong Hand
?1?Property and Lease Law
?2?The Genealogy and Trajectory of the Three-year Rule
?3?The Three-year Rule in Zaydi Fiqh: A Chronological Presentation
?4?The Three-year Rule in Modern Yemeni Codification
?5?The Three-year Rule in Other Law Schools and Legal Traditions
?6?Waqf Lease in Practice
7 Private Rights in Public Waqf
?1?The Wa?iya of Three Cisterns: Bayt al-La?afa (2008): An Ethnographic Description
?2?Four Waqf Documents of Public Sanaa Sabil-waqfs with Private Benefits
?3?Theoretical Possibilities for Private Aspects of a Public Waqf
?4?Questions Concerning the Right to Guardianship in Combined Waqfs
8 Pure Law, ?Urf, and Ma?la?a: Conclusions
?1?Sources of Validity
?2?Situating Legal Knowledge
?3?The Potential in Waqf
Bibliography
Index
