Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/316463 
Year of Publication: 
2020
Citation: 
[Journal:] Islamic Economic Studies (IES) [ISSN:] 2411-3395 [Volume:] 27 [Issue:] 2 [Year:] 2020 [Pages:] 79-90
Publisher: 
Emerald, Bingley
Abstract: 
Purpose This paper aims to analyse the Sharī'ah premises of classical waqf doctrines followed by critically analysing the framework of waqf jurisprudence (fiqh al-awqāf) from a Maqāsid al-Sharī'ah (the higher objectives of Islamic law) perspective. The objective of examining the jurisprudential framework of waqf from a Maqāsid perspective is to contextualise the scope of dynamism and innovation in the modern waqf structure. Design/methodology/approach For examining the jurisprudential aspects of classical fiqh al-awqāf with a special reference to Maqāsid al-Sharī'ah, the paper analyses the classical waqf books and treatises from the four Sunni schools of jurisprudence by employing a textual analysis method. Findings The paper finds that the key constituents of Maqāsid are interwoven in the classical discourse of waqf rulings. It finds that in deriving the principles of waqf, the jurists ensured that the essentialities of Maqāsid al-Sharī'ah are subtly intermingled with the necessary components of fiqhi principles. Deconstructing the applied analogical reasoning of the classical jurists in deriving the waqf rulings, this paper provides recommendations for Maqāsid-oriented application of waqf in the modern context. Research limitations/implications This study does not cover either the historical contribution of waqf among the Muslim societies nor does it touch on the empirical aspects of modern waqf. Rather, the focus of the study is limited to analysing the classical jurisprudential rulings of waqf and their distillation process from a Maqāsid al-Sharī'ah perspective. The study has good implication for modern awqāf, which need to be created, managed and directed in the spirit of Maqāsid al-Sharī'ah. Practical implications The key objective of adopting the Maqāsid framework for the analysis of fiqh al-awqāf in its classical permutations is to learn how to utilise the Maqāsid approach as a baseline for the deduction of new waqf rulings in a contextualised term. Originality/value The novelty of the paper lies in its examination of the classical waqf rulings distillation process, and the cogent intersection of Maqāsid al-Sharī'ah with the principles of fiqh. By delving into the Sharī'ah premises of classical waqf jurisprudence through the lens of Maqāsid, the paper adds an original value and fills an existing gap in the available literature.
Subjects: 
Endowment
Fiqh al-awqāf
Islamic jurisprudence
Maqāsid al-Sharī'ah
Waqf
JEL: 
P48
K30
K36
I39
Persistent Identifier of the first edition: 
Creative Commons License: 
cc-by Logo
Document Type: 
Article

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