Islamische Stiftungen Zwischen Juristischer Norm Und Sozialer Praxis 2009
DOI: 10.1524/9783050047577.191
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Für immer und ewig? Befristete Formen islamischer Stiftungen in osmanischer Zeit

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“…The notion of donors’ dead hands, that is the influence a donor can or should exert from beyond the grave, has agitated legal scholars for millennia. From debates about limiting foundations’ lifecycles in early Islamic debates on the waqf form (Meier, 2009), to various states’ attempts at limiting the dead hand through mortmain statutes (Fries, 2005; Madoff, 2010), the issue gained particular prominence from the late 19th century onwards (Goff, 1921; Hobhouse, 1880). Portraying deceased donors as a deadweight that prevents rather than enables progress (Meier, 2009), the challenges of respecting the intentions of past donors and how these conflict with intergenerational sovereignty continue to agitate legal (Atkinson, 2007; Brody, 2007; Sisson, 1988) and philosophical debates (Lechterman, 2016) to this day.…”
Section: Prospecting: Spectrality As a Focal Phenomenon In Philanthropy And Foundationsmentioning
confidence: 99%
“…The notion of donors’ dead hands, that is the influence a donor can or should exert from beyond the grave, has agitated legal scholars for millennia. From debates about limiting foundations’ lifecycles in early Islamic debates on the waqf form (Meier, 2009), to various states’ attempts at limiting the dead hand through mortmain statutes (Fries, 2005; Madoff, 2010), the issue gained particular prominence from the late 19th century onwards (Goff, 1921; Hobhouse, 1880). Portraying deceased donors as a deadweight that prevents rather than enables progress (Meier, 2009), the challenges of respecting the intentions of past donors and how these conflict with intergenerational sovereignty continue to agitate legal (Atkinson, 2007; Brody, 2007; Sisson, 1988) and philosophical debates (Lechterman, 2016) to this day.…”
Section: Prospecting: Spectrality As a Focal Phenomenon In Philanthropy And Foundationsmentioning
confidence: 99%