Published on January 2024 | Waqf

Fiqh al Awqāf: Exploring Perspectives and Dimensions in Islāmic Texts

This paper explores the sharī‘ah basis of waqf (Islāmic Endowment), examining it as both a concept and a legal institution and delving into the key elements of classical fiqh al-awqāf (the Islāmic Jurisprudence of Endowments/Waqf jurisprudence). It analyzes Qur’ānic and Prophetic perspectives, as well as the views of the Ḥanafī [1], Mālikī [2], Shāfi‘ī [3], and Ḥanbalī [4] schools of fiqh (Islāmic Juridprudence). The aim is to maintain coherence with classical methods for deriving waqf rulings, enabling waqf stakeholders to innovate and contextualize waqf applications in contemporary settings while remaining rooted in authentic Islāmic jurisprudence. The study emphasizes the meticulous care taken by classical jurists to align waqf rulings with established sharī‘ah (Islāmic Law), avoiding contradictions with other legal institutions such as mawārith (inheritance) and ṣadaqah (charity). It highlights the importance of maṣlaḥah (public interest) and istiḥsān (juristic preference) in formulating waqf principles, arguing that these considerations often achieve equity and fairness more effectively than strict qiyās (analogy). The study also highlights the contemporary relevance of waqf .