Shari’a heterogeneity of Indian Islamic Waqf Law and AAOIFI Standard: comparative study in light of classical rulings
The establishment of the institution of Waqf, or Islamic endowment, was evident from the early days of Islam. Hence, the companions of the Prophet (PBUH) had established Waqf for their family members or needy people. Over a period of time, Waqf played a vital role in Islamic history by serving sec...
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| Main Authors: | , , |
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| Format: | Proceeding Paper |
| Language: | en en |
| Published: |
2020
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/86733/1/86733_Shari%E2%80%99a%20heterogeneity.pdf http://irep.iium.edu.my/86733/2/86733_Shari%E2%80%99a%20heterogeneity_certificate.pdf http://irep.iium.edu.my/86733/ https://www.iium.edu.my/institute/iiibf/online-conference-isfpcps-september-2020 |
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| Summary: | The establishment of the institution of Waqf, or Islamic endowment, was evident from the early days of Islam.
Hence, the companions of the Prophet (PBUH) had established Waqf for their family members or needy people.
Over a period of time, Waqf played a vital role in Islamic history by serving sectors like health, education, and
social welfare. By the introduction of Islam in India, the institution of Waqf spread in Delhi and then to other
parts. Governance of these Waqf bodies were directly managed by the royal court of the Muslim emperor. After
the fall of the Mughal Empire, some acts were enacted by the British empire. Post-independence of India, new
laws and acts related to Waqf were enacted, but Shariah observation was not the core theme of these acts. Muslim
Personal Law Board (India) suggested a Waqf law for Muslims based on fiqh rulings. This study compares the
rulings of Islamic Waqf Law against AAOIFI’s Shari’ah Standard on Waqf (issued in 2019). The methodology
is qualitative. The study is divided into a) Introduction, b) Literature Review, c) Analysis and d) Conclusion and
Recommendation. The study found five instances of Shari’ah heterogeneity where IIWL has less favourable
implications, besides 22 rulings where IIWL has no stand. The study recommends revising IIWL to ensure the
growth of Waqf and longer sustainability |
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