Local practices in waqf properties and their legal nature in Mahmud Hamza Efendi's treatise al-Istikshaf

In this study, the approach of Mahmud Hamza Efendi an Ḥanafī jurist and the Mufti of Damascus during the late Ottoman period to waqf law is examined within the framework of his treatise entitled al-Istikshâf an Teâmul al-Awqâf. The main focus of the study is to reveal how the waqf institution, shaped in accordance with the principles of classical Islamic law, was manifested in Ottoman practice and how these practices were evaluated by Mahmud Hamza Efendi on a juristic (fiqhi) basis. The aim of the research is to determine the juristic nature of disposition forms such as ijârateyn, hulû, marsad, mushadd al-miska, and similar practices that emerged in Ottoman waqf practice, and to analyze how these applications gained legitimacy within the context of the relationship between custom (urf) and fiqh. In this respect, the study seeks to demonstrate that waqf law is not confined solely to theoretical rulings, but rather acquires a dynamic structure shaped by local needs and customary practices. A qualitative research method has been employed in this study. Primarily, Mahmud Hamza Efendi's treatise al-Istikshâf, along with classical Hanafi fiqh sources, Ottoman archival documents, and biographical (tabaqât) works, have been examined. Through a text-centered analytical method, the waqf practices discussed in the treatise have been evaluated by comparing them with the classical fiqh literature. As a result of the study, it has been demonstrated that Mahmud Hamza Efendi adopted an approach to waqf law that was not limited to theoretical rulings, but rather took into account social needs and local practices. It has been concluded that the treatise al-Istikshâf constitutes an important source in terms of offering fiqh-based solutions to practical problems encountered in the Ottoman waqf system and provides significant contributions to understanding the historical background of modern waqf law.