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In Islamic law: Inactive endowments (Waqf) and ways to revitalize them

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2025
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Abstract (EN)

This thesis examines the institution of waqf (pious endowment), a significant establishment within Islamic civilization, and specifically explores the possibilities of disposition concerning idle (non-functional) waqf properties from the perspective of Islamic jurisprudence (fiqh). Highlighting the historical and contemporary importance of waqf for the continuity of charitable activities and social solidarity, the study draws attention to the current decline of interest in waqfs and the challenges they face. It asserts that the protection and effective utilization of waqf assets are among the fundamental duties of jurists and administrators, advocating for the continuous updating of waqf law to adapt to changing global conditions. The central problem of the thesis revolves around the question of how İslamic jurisprudence has addressed non-revenue-generating waqfs. , This main question encompasses sub-questions such as the definition of a non-revenue-generating waqf, the types of transactions that can be carried out on such waqfs, and whether these transactions are subject to different jurisprudential evaluations. The aim of the research is to identify the types of dispositions made in waqfs without trusteeship, to examine the role of these dispositions in achieving the waqf's purpose, to compare the views of different schools of thought (madhahib) on this issue, and to explain the conditions and limitations determined by fiqh scholars to prevent the stagnation of waqfs. Employing complementary and comparative methods, the study presents the jurisprudential views of different schools of thought, emphasizing the similarities and differences between them. This thesis aims to be an original work that comprehensively addresses the provisions of disposition on the properties of waqfs whose benefits have ceased, thereby contributing to the existing literature in this field.

Author

Adem Bouguerra

How to Cite

Adem Bouguerra (Doctorate thesis). In Islamic law: Inactive endowments (Waqf) and ways to revitalize them, 2025, Fatih Sultan Mehmet Foundation University .

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