The concept of intervention in the waqf in our previous law: The example of Jerusalem in the 18th century

The legal framework of the waqf system, in every aspect, is built upon the purpose of the continuing existence and functioning of the waqf. Achieving this purpose may only be possible by preventing any and all kind of intervention in the legal or material existence of the waqf. However, as an entity that manages a small or large amount of financial assets and that it allows many people to benefit in different ways by its very nature, the waqf institution has been subject to interventions in every period. In this study, the concept of intervention in the waqf which occupies a very large space in the Ottoman legal practice but has not been examined independently on the theoretical level is attempted to be understood in both practice and theory by examining the relevant both fiqh literature containing Shari'ah provisions, both fatwa journals, and muhimme and verdicts-complaints registers. The study has the following two main objectives that: i) to make a legal analysis of the elements of the act of intervention in the waqf on the axis of tort structure of this act. ii) to exemplify the views of the previously mentioned tort in the Ottoman legal practice by identifying the possible perpetrators and their realization methods of the acts of intervention in the waqf.