The birth of a legal institution : : the formation of the waqf in third-century A.H. Hanafi legal discourse / / by Peter C. Hennigan.

• Superior document: Studies in Islamic law and society, v. 18
• Author: Hennigan, Peter C., 1970-
• Year of Publication: 2004
• Edition: 1st ed.
• Language: English
• Series: Studies in Islamic law and society ; v. 18.
• Physical Description: 1 online resource (266 pages)
• Notes: Description based upon print version of record.

This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra᾿y and the Aḥkām al-Awqāf of al-Khaṣṣāf. The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions. The close textual analysis of these treatises is especially important for historians of early Islamic law.

Table of Contents

Contents; List of Diagrams; Abbreviations; Introduction; Chapter One: The Biographies of Hilāl al-Ra'y and al-Khassāf; Chapter Two: The Waqf Treatises and Third-Century A.H. Hanafi discourse; Chapter Three: Giving Legal Definition to the Waqf; Chapter Four: Hermeneutical Legitimation; Conclusion; Appendix A: Table of Contents to the Ahkām al-Waqf of Hilāl al-Ra'y; Appendix B: Table of Contents to the Ahkām al-Awqāf of al-Khassāf; Appendix C: Translation of an Early Sadaqa/Hubs Deed; Appendix D: Additional Terminological Clarifications in the Waqf Treatises; Bibliography; Index