Substitution of waqf in the framework of Maqasid Shari'ah : a study of some contemporary waqf issues /
This research examines the issue of substitution of waqf in the light of the Maqasid of the Shari'ah; it provides an extensive overview of the juristic opinions of the Madhahib, along with the discussion of their arguments, legal interpretations, and use of the methodology of Islamic legal theo...
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| Main Author: | |
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| Format: | Thesis |
| Language: | English |
| Published: |
Kuala Lumpur :
Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2013
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/6888 |
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| Summary: | This research examines the issue of substitution of waqf in the light of the Maqasid of the Shari'ah; it provides an extensive overview of the juristic opinions of the Madhahib, along with the discussion of their arguments, legal interpretations, and use of the methodology of Islamic legal theory (Usul al-Fiqh), legal maxims, and intents of waqf. The contributions of this current inquiry lay in the new understanding of Islamic scholarly debate, with a special interest in the implications of the Maqasid. Using a comparative method, this study exposes the different juristic views on a wide range of issues pertaining to rules of legal theory, legal maxims and Maqasid. The results of this research point to a strong preference of substitution of waqf based on an extensive examination and scrutiny of Islamic textual evidences, interpretations of legal evidences, use of the principles of Usul al-Fiqh, consideration of the intents of the Lawgiver as well as a serious attention to implications of the universal objectives of the Shari'ah. This research has also addressed a number of problems related to current forms of waqf including Sukuk, shares, and cash, alongside the question of substituting and converting the very forms of endowments for anticipated public and socio-economic interest. |
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| Item Description: | "A dissertation submitted in partial fulfilment of the requirement for the degree of Master in Fiqh & Usul al-Fiqh".--On t.p. Abstracts in English and Arabic. |
| Physical Description: | xi, 164 leaves ; 30 cm. |
| Bibliography: | Includes bibliographical references (leaves 155-164). |