Toward the Reform of Private Waqfs

Toward the Reform of Private Waqfs
Author: Hamid Harasani
Publisher: BRILL
Total Pages: 275
Release: 2015-10-05
Genre: Law
ISBN: 900430696X

Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.

Rediscovery and Revival in Islamic Environmental Law

Rediscovery and Revival in Islamic Environmental Law
Author: Samira Idllalène
Publisher: Cambridge University Press
Total Pages: 189
Release: 2021-04
Genre: Law
ISBN: 1108488781

For the first time, Sharia' and common law are compared from the perspective of environmental law to delve into their common grounds.

Wills, Trusts, and Estates, Eleventh Edition

Wills, Trusts, and Estates, Eleventh Edition
Author: Robert H. Sitkoff
Publisher: Aspen Publishing
Total Pages: 1524
Release: 2021-11-01
Genre: Law
ISBN: 1543824471

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. A comprehensive Teacher’s Manual provides a complete teaching summary of all materials in the book, and comprehensive PowerPoint slides provide helpful structure for classroom organization. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids Teaching materials include: Teacher’s Manual that provides a complete teaching summary of all materials in the book PowerPoint slides that provide explanatory diagrams and structure for classroom discussion Transition Guide Sample Exams Sample Estate Planning Documents

Islamic Law, Tribal Customary Law and Waqf

Islamic Law, Tribal Customary Law and Waqf
Author: Aharon Layish
Publisher: BRILL
Total Pages: 648
Release: 2023-10-30
Genre: Law
ISBN: 9004680926

In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.

God's Property

God's Property
Author: Nada Moumtaz
Publisher: Univ of California Press
Total Pages: 304
Release: 2021-08-10
Genre: Religion
ISBN: 0520975782

A free open access ebook is available upon publication. Learn more at www.luminosoa.org. Up to the twentieth century, Islamic charitable endowments provided the material foundation of the Muslim world. In Lebanon, with the fall of the Ottoman Empire and the imposition of French colonial rule, many of these endowments reverted to private property circulating in the marketplace. In contemporary Beirut, however, charitable endowments have resurfaced as mosques, Islamic centers, and nonprofit organizations. A historical anthropology in dialogue with Islamic law, God's Property demonstrates how these endowments have been drawn into secular logics—no longer the property of God but of the Muslim community—and shaped by the modern state and modern understandings of charity and property. Although these transformations have produced new kinds of loyalties and new ways of being in society, Moumtaz’s ethnography reveals the furtive persistence of endowment practices that perpetuate older ways of thinking of one’s self and one’s responsibilities toward family and state.

Population and Society in the Arab East

Population and Society in the Arab East
Author: Gabriel Baer
Publisher: Routledge
Total Pages: 277
Release: 2016-03-22
Genre: Social Science
ISBN: 1317244613

This book, first published in English in 1964, examines a wide range of topics concerning society in the Arab East. Chapters are concerned with woman and the family; religious and linguistic communities; bedouins, fellas and townsmen; and the various social and economic classes and strata. While there are no special sections devoted to geography, economics, culture, trends of thought, and the historical and political developments of the Arab Eastern countries, there is scarcely a page which does not touch on one or another of them.

Waqf in Zaydī Yemen

Waqf in Zaydī Yemen
Author: Eirik Hovden
Publisher: BRILL
Total Pages: 437
Release: 2018-10-22
Genre: Law
ISBN: 9004377840

Islamic foundations (waqf, pl. awqāf) 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 Zaydī fiqh works such as the Sharḥ al-azhār cluster, imamic decrees, fatwās, and waqf documents, mostly from Zaydī, northern Yemen. For the Arabic edition, please see here.