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74-647: It was founded by Malkoçoğlu İbrahim Bey in 1572 and was known as "Aşağı Vakıf" ("lower waqf ", i.e. Islamic endowment in Turkish). Donji Vakuf is the Bosnian translation of "Aşağı Vakıf". From 1929 to 1941, Donji Vakuf was part of the Vrbas Banovina of the Kingdom of Yugoslavia . From April 1993 to 14 September 1995 the town's name was Srbobran (as it was occupied by Serb paramilitary forces). During that time

148-455: A waqf must be objects of a valid contract. The objects should not themselves be haram (e.g. wine or pork ). These objects should not already be in the public domain: public property cannot be used to establish a waqf. The founder cannot also have pledged the property previously to someone else. These conditions are generally true for contracts in Islam. The property dedicated to waqf

222-467: A waqf and a trust, "property is reserved, and its usufruct appropriated, for the benefit of specific individuals, or for a general charitable purpose; the corpus becomes inalienable ; estates for life in favor of successive beneficiaries can be created" and "without regard to the law of inheritance or the rights of the heirs; and continuity is secured by the successive appointment of trustees or mutawillis ." The only significant distinction between

296-453: A Sufi order. Including: The Maliki school's sources for Sharia are hierarchically prioritized as follows: Quran and then widely transmitted Hadiths (sayings, customs and actions of Muhammad); `Amal (customs and practices of the people of Medina), followed by Ahad Hadith, and then followed by consensus of the Sahabah (the companions of Muhammad), then individual opinion from

370-459: A man dies, only three deeds will survive him: continuing alms, profitable knowledge, and a child praying for him." Islamic law places several legal conditions on the process of establishing a waqf . A waqf is a contract; therefore, the founder (called al-wāqif or al-muḥabbis in Arabic) must be capable of entering into a contract. For this, the founder must: Although waqf

444-633: A means to legally safeguard properties under conditions of debt. In donating assets to the public, the aristocracy managed to preserve their wealth while providing land, financial support and community spaces such as mosques to the general public. When Zanzibar became a British protectorate in 1890, almost half the island was waqf property. In order to establish control, the British realised that they would either have to privatise waqf or gain administrative control over them. A series of decrees were subsequently issues to incorporate all waqf properties into

518-603: A new government under the helm of the Afro-Shirazi Party (ASP). An important part of the revolution was the prosecution of the Zanzibari elite of Arabic descent. This left a significant portion of land, much of which was waqf , to be nationalised by the newly independent state as part of their socialist development programme. The revolution highlights a crucial turn point in waqf institutions in Zanzibar, namely

592-577: A perpetual element; the waqf must specify its beneficiaries in case. The declaration of founding is usually a written document, accompanied by a verbal declaration, though neither are required by most scholars. Whatever the declaration, most scholars (those of the Hanafi, Shafi'i, some of the Hanbali and the Imami Shi'a schools) hold that it is not binding and irrevocable until actually delivered to

666-651: A soup kitchen, and two traveler and pilgrim inns. The earliest pious foundations in Egypt were charitable gifts, and not in the form of a waqf . The first mosque built by ' Amr ibn al-'As is an example of this: the land was donated by Qaysaba bin Kulthum , and the mosque's expenses were then paid by the Bayt al-mal . The earliest known waqf , founded by financial official Abū Bakr Muḥammad bin Ali al-Madhara'i in 919 (during

740-400: A source of charity and thereby public welfare while doubling as a tool of domination used by the ruling class to maintain the dependence of the lower classes. While the former was somewhat preserved as a scripture-based normative foundation of waqf institutions, the nature and dynamics of the latter was contingent on the nature and dynamics of regime changes in Zanzibar. Under Omani rule, waqf

814-764: A thing to stop or stand still. According to Islamic law, once an asset has been donated as waqf it cannot be sold, transferred or given as a gift. Once a waqif has verbally or in writing declared a waqf property, it is legally conceived as the property of Allah and must be used to "fulfill public of family needs" as a charitable social service. A waqf property can fall into one of two categories: movable or immovable. A 'movable' asset includes money or shares which are used to finance educational, religious or cultural institutions such as madrasahs (Islamic schools) or mosques . The madrasahs and mosques themselves are an example of an 'immovable' asset which refers to land or structures open for public use. An important function of

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888-456: Is twinned with: [REDACTED]   Una-Sana [REDACTED]   Central Bosnia [REDACTED]   Posavina [REDACTED]   Herzegovina-Neretva [REDACTED]   Tuzla [REDACTED]   West Herzegovina [REDACTED]   Zenica-Doboj [REDACTED]   Sarajevo [REDACTED]   Bosnian Podrinje [REDACTED]   Canton 10 This Central Bosnia Canton geography article

962-602: Is 33,229. In the 16th century, the Haseki Sultan Complex charitable complex was founded by the wife of Suleyman the Magnificent and serviced 26 villages; the institution also included shops, a bazaar, two soap plants, 11 flour mills and two bathhouses located in Ottoman Syria and Lebanon . For several centuries, the income generated by these businesses contributed in the maintenance of a mosque,

1036-497: Is a stub . You can help Misplaced Pages by expanding it . Waqf A waqf ( Arabic : وَقْف ; [ˈwɑqf] , plural awqaf أَوْقَاف ), also called a ḥabs ( حَبْس , plural ḥubūs حُبوس or aḥbās أَحْباس ), or mortmain property, is an inalienable charitable endowment under Islamic law . It typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming

1110-433: Is an Islamic institution, being a Muslim is not required to establish a waqf , and dhimmis may establish a waqf . Finally, if a person is fatally ill, the waqf is subject to the same restrictions as a will in Islam. Some of the founders of Ottoman waqfs were women, with their establishments having a crucial impact on their communities' economic life. Out of 30,000 waqf certificates documented by

1184-676: Is certainly well known to Allah." Their formal conception in Islamic society has been derived from a number of hadiths . It is said that during the time of Muhammad, after the Hijrah , the first waqf was composed of a grove of 600 date palms. The proceeds of this waqf were meant to feed Medina's poor. In one tradition, it is said that: "Ibn Umar reported, Umar Ibn Al-Khattab got land in Khaybar , so he came to Muhammad and asked him to advise him about it. Muhammad said, 'If you like, make

1258-702: Is dedicated by the Donor ( Wakif ) for the benefit of their kith and kin and for any purpose recognised by Muslim law as pious, religious or charitable. After the enactment Wakf Act 1954, the Union government directed to all the states governments to implement the Act for administering the wakf institutions like mosques, dargahs , hussainiyas , graveyards, takhiyas , eidgah , anjumans , and various religious and charitable institutions. A statutory body under Government of India, which also oversees State Wakf Boards . In turn

1332-636: Is difficult to pinpoint the historical origins of waqf in East Africa, the practice began to formalize in the 17th Century after the Sultan of Oman, Sayyid Saïd , had cemented his control over Zanzibar and the East African coastline. Until this point, archeological evidence has unearthed several old mosques along the Swahili Coast which are believed to be informal waqf dating as far back as

1406-400: Is generally immovable, such as an estate. All movable goods can also form waqf , according to most Islamic jurists. The Hanafis, however, also allow most movable goods to be dedicated to a waqf with some restrictions. Some jurists have argued that even gold and silver (or other currency) can be designated as waqf . Documents listing endowments (waqfiyyas) often include the name of

1480-614: Is one of the largest groups of Sunni Muslims, comparable to the Shafi’i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki Fiqh is predominantly found in North Africa (excluding northern and eastern Egypt), West Africa , Chad , Sudan , Kuwait , Bahrain , Qatar , the Emirate of Dubai ( UAE ), and in northeastern parts of Saudi Arabia . In

1554-460: Is so complete that it is considered in Maliki school to be a sound hadith in itself. Mālik included the practices of the people of Medina and where the practices are in compliance with or in variance with the hadiths reported. This is because Mālik regarded the practices of Medina (the first three generations) to be a superior proof of the "living" sunnah than isolated, although sound, hadiths. Mālik

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1628-482: Is synonymous with ḥabs ( حَبْس , also called ḥubs حُبْس or ḥubus حُبْوس and commonly rendered habous in French). Habs and similar terms are used mainly by Maliki jurists. In Twelver Shiism , ḥabs is a particular type of waqf , in which the founder reserves the right to dispose of the waqf property. The person making the grant is called al-waqif (or al-muhabbis ) while

1702-470: Is the institution(s) providing services as committed in the vakıf deed, such as madrasas , public kitchens ( imarets ), karwansarays , mosques, libraries, etc. Generally, the waqf must fulfill three primary constraints: Although there is no direct Quranic injunction regarding waqf , it can be inferred from Surah Al-i'-Imran (3:92): "You will never achieve righteousness until you donate some of what you cherish. And whatever you give

1776-434: The waqf during their lifetime. In some cases, however, the number of beneficiaries is quite limited. Thus, there is no need for an administrator, and the beneficiaries themselves can take care of the waqf . The administrator, like other persons of responsibility under Islamic law, must have the capacity to act and contract. In addition, trustworthiness and administrative skills are required. Some scholars require that

1850-418: The waqf system depended on several hadiths and presented elements similar to practices from pre-Islamic cultures, it seems that the specific full-fledged Islamic legal form of endowment called waqf dates from the 9th century AD (see § History and location below). In Sunni jurisprudence, waqf , also spelled wakf ( Arabic : وَقْف ; plural أَوْقاف , awqāf ; Turkish : vakıf )

1924-603: The Abbasid period ), is a pond called Birkat Ḥabash together with its surrounding orchards, whose revenue was to be used to operate a hydraulic complex and feed the poor. Early references to waqf in India can be found in the 14th-century work Insha-i-Mahru by Aynul Mulk ibn Mahru. According to the book, Muhammad of Ghor dedicated two villages in favor of a congregational mosque in Multan , and, handed its administration to

1998-609: The Qur'an as primary source, followed by the sayings, customs/traditions and practices of Muhammad , transmitted as hadiths. In the Mālikī school, said tradition includes not only what was recorded in hadiths, but also the legal rulings of the four rightly guided caliphs – especially Umar . Malik bin Anas himself also accepted binding consensus and analogical reasoning along with the majority of Sunni jurists, though with conditions. Consensus

2072-625: The Sahabah , Qiyas (analogy), Istislah (interest and welfare of Islam and Muslims), and finally Urf (custom of people throughout the Muslim world if it did not contradict the hierarchically higher sources of Sharia). The Mālikī school primarily derives from the work of Malik ibn Anas , particularly the Muwatta Imam Malik , also known as Al-Muwatta . The Muwaṭṭa relies on Sahih Hadiths , includes Malik ibn Anas' commentary, but it

2146-775: The Shaykh al-Islām (highest ecclesiastical officer of the Empire). In the coming years, several more waqf were created, as the Delhi Sultanate flourished. As per the Wakf Act 1954 (later Wakf Act 1995) enacted by the government of India, waqf are categorized as (a) waqf by user such as graveyards, Musafir Khanas (Sarai) and Chowltries etc., (b) waqf under Mashrutul-khidmat (Service Inam) such as Khazi service, Nirkhi service, Pesh Imam service and Khateeb service etc., and (c) Wakf Alal-aulad

2220-549: The medieval era , the Maliki school was also found in parts of Europe under Islamic rule , particularly Islamic Spain and the Emirate of Sicily . A major historical center of Maliki teaching, from the 9th to 11th centuries, was in the Mosque of Uqba of Tunisia. One who ascribes to the Maliki school is called a Maliki , Malikite or Malikist ( Arabic : ٱلْمَالِكِيّ , romanized :  al-mālikī , pl. ٱلْمَالِكِيَّة , al-mālikiyya ). Although Malik ibn Anas

2294-417: The 'public' ownership of these assets that disposed of the need for a waqif . In this way, waqf was further cemented as a political institution regulated by a centralized state while being managed by mutawallis . It allowed the poorest inhabitants of Stone Town to reside in waqf buildings that were previously reserved for the relatives of waqif families. While this may appear to be an act of good fortune,

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2368-492: The 8th Century. The formalization of waqf can be traced back to 1820 when Sultan Said moved the Omani Sultanate to Stone Town, Zanzibar. This marked a shift from waqf as an Islamic scriptural imperative to a local and centralized institutional practice legitimated by the royal family. From this point onward, the urban development of the port city of the East African archipelago was shaped by waqf practices. As such,

2442-743: The 9th century, while a third one dates from the early 10th century, all three within the Abbasid Period. The oldest dated waqfiya goes back to 876 CE and concerns a multi-volume edition of the Qur'an currently held by the Turkish and Islamic Arts Museum in Istanbul . A possibly older waqfiya is a papyrus held by the Louvre Museum in Paris , with no written date but considered to be from

2516-623: The GDPFA ( General Directorate of Pious Foundation in Ankara ), over 2,300 of them were registered to institutions that belonged to women. Of the 491 public fountains in Istanbul that were constructed during the Ottoman period and survived until the 1930s, nearly 30% of them were registered under waqfs that belonged to women. The property (called al-mawqūf or al-muḥabbas ) used to found

2590-519: The Islamic waqf and English trust was "the express or implied reversion of the waqf to charitable purposes when its specific object has ceased to exist", though this difference only applied to the waqf ahli (Islamic family trust) rather than the waqf khairi (devoted to a charitable purpose from its inception). Another difference was the English vesting of "legal estate" over the trust property in

2664-424: The Islamic waqf law and madrassah foundations were firmly established by the 10th century, the number of Bimaristan hospitals multiplied throughout Islamic lands. By the 11th century, many Islamic cities had several hospitals. The waqf trust institutions funded the hospitals for various expenses, including the wages of doctors, ophthalmologists , surgeons, chemists , pharmacists , domestics and all other staff,

2738-461: The Maliki school does not assign as much weight to analogy, but derives its rulings from pragmatism using the principles of istislah (public interest) wherever the Quran and Sahih Hadiths do not provide explicit guidance. The Maliki school differs from the other Sunni schools of law most notably in the sources it uses for derivation of rulings. Like all Sunni schools of Sharia, the Maliki school uses

2812-470: The Muslim world. In West Africa, very few examples of the institution can be found, and were usually limited to the area around Timbuktu and Djenné in Massina Empire . Instead, Islamic west African societies placed a much greater emphasis on non-permanent acts of charity. According to expert Illife, this can be explained by West Africa's tradition of "personal largesse." The imam would make himself

2886-519: The State Wakf Boards work towards management, regulation and protect the Wakf properties by constituting District Wakf Committees, Mandal Wakf Committees and Committees for the individual Wakf Institutions. As per the report of Sachar Committee (2006) there are about 500,000 registered Wakfs with 600,000 acres (2,400 km ) land in India, and Rs. 60 billion book value. While it

2960-508: The administrator of this Islamic religious institution be a Muslim, though the Hanafis drop this requirement. A waqf is intended to be perpetual and last forever. Nevertheless, Islamic law envisages conditions under which the waqf may be terminated: The practices attributed to Muhammad have promoted the institution of waqf from the earliest part of Islamic history. The two oldest known waqfiya (deed) documents are from

3034-560: The architectural configuration of Stone Town was entirely managed by the Sultanate and its network of nobility. This effectively allowed elites to practice zakat through waqf while doubling as a means to secure control over the local population. The East African archipelago underwent an economic recession from 1860 to 1880 that threatened the private property of the elite class. In a time when landowners were forced to sell or mortgage their properties to foreign investors, waqf became

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3108-409: The assets. A charitable trust may hold the donated assets. The person making such dedication is known as a waqif ('donor') who uses a mutawalli ('trustee') to manage the property in exchange for a share of the revenues it generates. A waqf allows the state to provide social services in accordance with Islamic law while contributing to the preservation of cultural and historical sites. Although

3182-412: The beneficiaries or put to their use. Once in their use, however, the waqf becomes an institution in its own right. Usually, a waqf has a range of beneficiaries. Thus, the founder makes arrangements beforehand by appointing an administrator (called nāẓir or mutawallī or ḳayyim ) and lays down the rules for appointing successive administrators. The founder may choose to administer

3256-459: The collector and distributor of charity, thus building his personal prestige. According to Hamas, all of historic Palestine is an Islamic waqf. This belief, a relatively recent one, forms part of the group's mythology. In Southeastern Europe , there are several places in Bosnia and Herzegovina that were originally built under the waqf system, such as Gornji Vakuf , and Donji Vakuf . After

3330-525: The colonial bureaucracy. The Waqf Property Decree which formed the Waqf Commission in 1905 was composed of a majority of British officials and a minority of Islamic authorities to represent the Sultanate who maintained a degree of influence over the island. This shift marked the further formalization of waqf into the state apparatus, a move which allowed the English to directly control the preservation and maintenance of publicly used assets as well as

3404-630: The daily practice of az-Zubayr as his source of "living sunnah" (living tradition) for his guideline to pass verdicts for various matters, in accordance of his school of though method. The second source, the Al-Mudawwana, is the collaborator work of Mālik's longtime student, Ibn Qāsim and his mujtahid student, Sahnun . The Mudawwanah consists of the notes of Ibn Qāsim from his sessions of learning with Mālik and answers to legal questions raised by Saḥnūn in which Ibn Qāsim quotes from Mālik, and where no notes existed, his own legal reasoning based upon

3478-497: The economic function of the practice. After the British gained control of Zanzibar and further formalized waqf as a political institution, it was used to culturally subvert the local population and gradually rid it off its Arabic origins. This persisted after independence when the newly independent state sought to further eliminate Arabic influence by nationalizing all waqf properties as a means to gain control of private property. The waqf institutions were not popular in all parts of

3552-517: The elite class of the Omani aristocracy. In the context of growing inequality, the nobility used waqf to provide public housing to slaves and peasants as well mosques, madrasahs and land for free habitation and cultivation. For instance, all 66 mosques in Stone Town were waqf privately financed and owned by noble waqif as a display of social status and duty to their neighborhood. Under this system,

3626-524: The endowed assets are called al-mawquf (or al-muhabbas ). In older English-language law-related works in the late 19th/early 20th centuries, the word used for waqf was vakouf ; the word, also present in such French works, was used during the time of the Ottoman Empire, and is from the Turkish vakıf . The term waqf literally means 'confinement and prohibition', or causing

3700-503: The endower, the listed property or fiscal unit, the endowed fraction (in 24- qarats ), and a description of its boundary . The boundary descriptions start in Islamic direction of prayer and go counterclockwise by listing different landscape elements. Endowment deeds most often include the conditions of the endowment and its administration. The beneficiaries of the waqf can be individuals and public utilities. The founder can specify which persons are eligible for benefits (such as

3774-412: The founder may stipulate that half the proceeds go to their family, while the other half goes to the poor. Valid beneficiaries must satisfy the following conditions: There is dispute over whether the founder themselves can reserve exclusive rights to use waqf . Most scholars agree that once the waqf is founded, it cannot be taken back. The Ḥanafīs hold that the list of beneficiaries includes

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3848-459: The founder's family, the entire community, only the poor, travelers). Public utilities such as mosques, schools, bridges, graveyards, and drinking fountains can be the beneficiaries of a waqf . Modern legislation divides the waqf into "charitable causes," where the beneficiaries are the public or the poor, and "family" waqf , where the founder designates their relatives as beneficiaries. There can also be multiple beneficiaries. For example,

3922-513: The four major schools of Islamic jurisprudence within Sunni Islam . It was founded by Malik ibn Anas ( c.  711–795 CE ) in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki fiqh also considers the consensus of the people of Medina to be a valid source of Islamic law . The Maliki school

3996-426: The hospitals every day and speak quietly to one another in the patients' hearing, remarking on their improvement and good colour". The waqf in Islamic law , which developed in the medieval Islamic world from the 7th to 9th centuries, bears a notable resemblance to the English trust law . Every waqf was required to have a waqif (founder), mutawillis (trustee), qadi (judge) and beneficiaries. Under both

4070-653: The latter is also to provide shelter and community spaces to the poor, also known as the mawquf 'alayh (beneficiaries). Bahaeddin Yediyıldız defines waqf as a system comprising three elements: hayrat , akarat , and waqf . Hayrat , the plural form of hayr , means 'goodnesses' and refers to the motivational factor behind the vakıf organization; akarat refers to corpus and literally means 'real estates,' implying revenue-generating sources such as markets ( bedestens , arastas , hans , etc.), land, and baths; and waqf , in its narrow sense,

4144-522: The majority of Bosniaks were exiled to the neighboring town of Bugojno , and on 14 September 1995 Donji Vakuf was liberated by the Bosnian Army . The town then changed its name back to Donji Vakuf. The village of Prusac lies just outside Donji Vakuf. Bosniaks make a pilgrimage to the nearby holy site of Ajvatovica in June. It is one of the biggest events in Bosnia and Herzegovina . Donji Vakuf

4218-410: The majority of greater Stone Town became waqf property made available for free habitation or cemeteries by noblemen, approximately 6.4% of which was public housing for the poor. It is important to note that economic changes in Zanzibar shaped waqf practices overtime. Under Omani rule slavery and the cash crop industry was booming, specifically because of the exportation of spices, which strengthened

4292-1092: The mid-9th century. The next oldest document is a marble tablet whose inscription bears the Islamic date equivalent to 913 CE and states the waqf status of an inn, but is in itself not the original deed; it is held at the Eretz Israel Museum in Tel Aviv . By the early 1800's, more than half of all arable land in the Ottoman Empire was classified as a waqf. In relation to present day countries, this figure included 75 percent of arable land in Turkey , one-fifth in Egypt, one-seventh in Iran, one-half in Algeria, one-third in Tunisia, and one-third in Greece. The total number of registered endowments in Saudi Arabia

4366-447: The nationalisation of all waqf assets led to the loss and destruction of many properties because of a lack of funding because the state did not have the means to preserve waqf as effectively as it were under the private control of waqif nobility. According to Bowen, when practicing Islam, Muslims "engage in a dialogue between potentially conflicting cultural orders: the universalistic imperatives of Islam (as locally understood) and

4440-586: The predominantly-Zahiri Almohads , at which point Malikis were tolerated at times but lost official favor. With the Reconquista , the Iberian Peninsula was lost to the Muslims in totality. Although Al-Andalus was eventually lost, the Maliki has been able to retain its dominance throughout North and West Africa to this day. Additionally, the school has traditionally been the preferred school in

4514-519: The principles he learned from Mālik. These two books, i.e. the Muwaṭṭah and Mudawwanah, along with other primary books taken from other prominent students of Mālik, would find their way into the Mukhtaṣar Khalīl , which would form the basis for the later Mālikī madhhab. The Maliki school is most closely related to the Hanafi school, differing in degree, not in kind. However, unlike the Hanafi school,

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4588-494: The property inalienable and give the profit from it to charity.' It goes on to say that Umar gave it away as alms, that the land itself would not be sold, inherited, or donated. He gave it away for the poor, the relatives, the slaves, the jihad , the travelers, and the guests. It will not be held against him who administers it if he consumes some of its yield in an appropriate manner or feeds a friend who does not enrich himself by means of it." In another hadith, Muhammad said, "When

4662-450: The purchase of foods and medicines ; hospital equipment such as beds, mattresses, bowls and perfumes; and repairs to buildings. The waqf trusts also funded medical schools, and their revenues covered various expenses such as their maintenance and the payment of teachers and students. From the more peculiar examples of healthcare-related waqfs, in the city of Tripoli, a man had set up a waqf which employed two people who would "walk through

4736-465: The rights of absentee Crusaders who had made temporary assignments of their lands to caretakers. It has been speculated that this development may have been influenced by the waqf institutions in the Middle East . Maliki Others In terms of Ihsan : The Maliki school or Malikism ( Arabic : ٱلْمَذْهَب ٱلْمَالِكِيّ , romanized :  al-madhhab al-mālikī ) is one of

4810-605: The small Arab States of the Persian Gulf (Bahrain, Kuwait and Qatar). While the majority of the United Arab Emirates and Saudi Arabia follows Hanbali laws, the country's Eastern Province has been known as a Maliki stronghold for centuries. Although initially hostile to some mystical practices, Malikis eventually learned to coexist with Sufi customs as the latter became widespread throughout North and West Africa. Many Muslims now adhere to both Maliki law and

4884-474: The surplus revenues generated from them. It was also part of what Ali Mazrui calls the 'dis-Islamization' and 'de-Arabization' of Swahili culture by British colonialism, a strategy used to rid the territory of Omani influence. While Mazrui speaks of this in the context of the Swahili language, it can also be seen by the way in which the British deviated from the Islamic values underpinning waqf practices. What

4958-518: The trustee, though the "trustee was still bound to administer that property for the benefit of the beneficiaries." In this sense, the "role of the English trustee therefore does not differ significantly from that of the mutawalli ." Personal trust law developed in England at the time of the Crusades , during the 12th and 13th centuries. The Court of Chancery, under the principles of equity, enforced

5032-438: The values embedded in a particular society". While Bowen analyzes how Islamic rituals are practiced in context, this logic can arguably be applied to how the history of waqf in Zanzibar is shaped by "local cultural concerns and to universalistic scriptural imperatives". In fact, this conflict is evident in the way in which waqf has historically served a dual purpose in Zanzibar; to satisfy the inalienable Islamic law of waqf as

5106-408: Was a student of Imam Ja'far al-Sadiq (a descendant of the Islamic prophet Muhammad and 6th Shi'ite Imam ), as with Imam Abu Hanifah . Thus all of the four great Imams of Sunni Fiqh are connected to Ja'far, whether directly or indirectly. The Malikis enjoyed considerably more success in Africa, and for a while in Spain and Sicily. Under the Umayyads and their remnants, the Maliki school

5180-420: Was himself a native of Medina, his school faced fierce competition for followers in the Muslim east, with the Shafi'i , Hanbali , and Zahiri schools all enjoying more success than Malik's school. It was eventually the Hanafi school, however, that earned official government favor from the Abbasids . Imam Malik (who was a teacher of Imam Ash-Shafi‘i , who in turn was a teacher of Imam Ahmad ibn Hanbal )

5254-416: Was initially intended as a charitable practice that would provide social services was replaced by a focus on profit over public welfare. This ruptured the social and political relations that were formed between the upper and lower classes during Omani rule as the underlying values used to manage waqf were lost in translation. The Zanzibari Revolution which followed a year after independence in 1963 installed

5328-449: Was particularly scrupulous about authenticating his sources when he did appeal to them, as well as his comparatively small collection of aḥādith, known as al-Muwaṭṭah (or, The Straight Path). The example of Maliki approach in using the opinion of Sahabah were recorded in Muwatta Imam Malik per ruling of cases regarding the law of consuming Gazelle meat. This tradition were used from opinion of Zubayr ibn al-Awwam . Malik also included

5402-442: Was practiced by the aristocratic class as an outward demonstration of Islamic piety while simultaneously serving as a means to control slaves and the local population through social housing, educational facilities and religious institutions like mosques. When an economic recession threatened the position of the elite, noblemen used waqf to maintain ownership of their properties to avoid selling or mortgaging their land thereby altering

5476-809: Was promoted as the official state code of law, and Maliki judges had free rein over religious practices; in return, the Malikis were expected to support and legitimize the government's right to power. This dominance in Spanish Andalus from the Umayyads up to the Almoravids continued, with Islamic law in the region dominated by the opinions of Malik and his students. The Sunnah and Hadith , or prophetic tradition in Islam, played lesser roles as Maliki jurists viewed both with suspicion, and few were well versed in either. The Almoravids eventually gave way to

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