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The Birth of a Legal Institution
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This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra᾿y and the Aḥkām al-Awqāf of al-Khaṣṣāf.The book situ...
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28 October 2003

This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra᾿y and the Aḥkām al-Awqāf of al-Khaṣṣāf.
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.
Price: $181.00
Pages: 242
Publisher: Brill
Imprint: Brill
Series: Studies in Islamic Law and Society
Publication Date:
28 October 2003
ISBN: 9789004130296
Format: Other
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.