Brief on waqf, its substitution (Istibdāl), and selected resolutions of Islāmic Fiqh Academy India: a maqāṣid al-sharī’ah perspective

Ali, Mohammed Farid and U Tun Aung, Maulana Akbar Shah and Gamon, Alizaman Dumangcag (2018) Brief on waqf, its substitution (Istibdāl), and selected resolutions of Islāmic Fiqh Academy India: a maqāṣid al-sharī’ah perspective. Intellectual Discourse, 26 (Special Issue). pp. 1093-1108. ISSN 0128-4878 E-ISSN 2289-5639

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Abstract

Waqf is a charity in which corpus is maintained and the usufruct is given to the beneficiaries. The continuity of the usufruct depends on the maintenance and management of the corpus. One of the modes used both in classical and modern times to maintain waqf-properties is substitution of one waqf-property with another known as istibdāl. This paper reads into Istibdāl, selected resolutions of Fiqh Academy India and scrutinizes them under the Sharī’ah objectives of waqf and tabarru‘āt (donation). The finding shows that modes of Istibdāl permitted by Islāmic law realize the Sharī’ah objectives of waqf concomitantly. Modes which were not permitted oppose the objectives of the Sharī’ah. This work is a potential guide for institutions and committees involved with the development of waqf-properties using innovative financing modes.

Item Type:	Article (Journal)
Additional Information:	7146/68885
Uncontrolled Keywords:	Istibdāl (substitution), badl (replacement) perpetual charity, everlasting benefits, Maqāṣid al-Sharī’ah
Subjects:	K Law > KBP Islamic Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP2000 Public law. The state and Islam K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP3526 Public finance K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP50 History, development and application of Islamic law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP639 Muʻāmalāt
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	DR MOHAMMED FARID ALI
Date Deposited:	08 Jan 2019 14:00
Last Modified:	08 Jan 2019 14:00
URI:	http://irep.iium.edu.my/id/eprint/68885

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