2018
DOI: 10.1163/15685195-02512p03
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“Is the Family Waqf a Religious Institution?” Charity, Religion, and Economy in French Mandate Lebanon

Abstract: This essay analyzes a debate among Muslim jurists in French Mandate Syria and Lebanon around whether the family waqf, a form of charitable endowment dedicated to the founder’s family, is a legitimate form of the waqf and whether it should be abolished. I argue that the new categorization of the family waqf as a deviation from real charitable giving was informed by new conceptions of the economy, religion, and charity. Because the debate was among Muslim legal scholars, it also allows us to examine modern chang… Show more

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Cited by 12 publications
(3 citation statements)
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“…The colonial attempt to build properties favourable to the French interest demonstrated this action as they can access the land. This condition enabled the French colonial scholar to dismiss family waqf legislation based on the interpretation of the classical Islamic family waqf debates (Moumtaz, 2018).…”
Section: Family Waqf and Islamic Inheritance Lawmentioning
confidence: 99%
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“…The colonial attempt to build properties favourable to the French interest demonstrated this action as they can access the land. This condition enabled the French colonial scholar to dismiss family waqf legislation based on the interpretation of the classical Islamic family waqf debates (Moumtaz, 2018).…”
Section: Family Waqf and Islamic Inheritance Lawmentioning
confidence: 99%
“…According to English law, waqf made for the settlers' descendants would be considered secular rather than explicit and similar to the mortmain (Lienhardt, 1996). Some classical Muslim jurists have also catalysed the debate that challenges the permissibility of family waqf and its inconsistency with the Islamic rule of inheritance (Moumtaz, 2018). Waqf abolitionists argued that family waqf is a sin and should be abolished, as it violates the law of inheritance.…”
Section: Literature Reviewmentioning
confidence: 99%
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