Waqf, its substitution (istibdal), and selected resolutions of Islamic Fiqh Academy India : a maqasid al-shari'ah perspective

Ali, Mohammed Farid and U Tun Aung, Maulana Akbar Shah and Gamon, Alizaman Dumangcag (2018) Waqf, its substitution (istibdal), and selected resolutions of Islamic Fiqh Academy India : a maqasid al-shari'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 benefisiaries. 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 mantain waqf-properties is substitution of one waqf-property with another known as istibdal. This paper reads into istibdal, selected resolutions of Fiqh Academy India and scrutinizes them under the shari'ah objectives of waqf and tabaeeu at ( donation ). The finding shows that modes of istibdal permitted by Islamic law realize the shari'ah objectives of waqf concomitantly. Modes which were not permitted oppose the objectives of the shari'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:	7146/69547
Uncontrolled Keywords:	Istibdal (substitution),badl (replacement) perpetual charity, everlasting benefits, Maqasid al-shari'ah
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP190.5 Islamization of Knowledge D History General and Old World > D History (General) K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of History & Civilization
Depositing User:	Dr. Alizaman Dumangcag Gamon
Date Deposited:	10 Jan 2019 15:50
Last Modified:	17 Apr 2019 10:02
URI:	http://irep.iium.edu.my/id/eprint/69547

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