After the era of Islamic glory during which Awqaf prospered and performed several social and public services a long time of economic and cultural stagnation and decay came which resulted in submitting the Muslim lands to foreign occupation. During this period Awqaf declined and Awqaf properties were greatly corrupted, abused and destroyed. When the Ummah started to end its long dormancy we found ourselves with a huge and marvelous heritage of legal rulings and frameworks for Awqaf which were all generated in consideration of then prevailing economic and social conditions while there was a tremendous change in means of product, kinds of properties and ways of dealing with properties and wealth items. Awqaf, like Zakah, is very sensitive to kinds of properties and wealth items that exist in a society and to the degree of their liquidity. This necessitates a drastic revision of the Shari’ah rulings of the institution of Awqaf. This book offers an attempt to re-structuring the Awqaf system and its legal/Shari’ah rulings in a way that takes into consideration these fundamental changes in the economic realities, kinds of wealth, kinds of services societies have today while preserving the originality of Waqf and its strong foundations in the original texts of the Qur’an and the Sunnah. This attempt benefits from the great heritage of Awqaf in our classical fiqh without being limited by it, the Western achievement in the field of foundations and endowments and the few recent experience of some Muslim countries in reformulating their Awqaf institutions. The book deals with nine major issues in the Fiqh of Awqaf which are: 1) perpetuality of Waqf, 2) temporality of Waqf, 3) comparing Waqf and charity, 4) creating Awqaf out of usufructs, rights and services, 5) public and private Awqaf, 6) conditions decreed by the founder of Waqf, 7) settling the issue of ownership of the Awqaf properties, i.e., who owns the Awqaf properties, and the issue of Waqf legal entity 8) Waqf management, the Nazir of Mutawalli and lastly 9) tax and other privileges usually granted to Awqaf. The book offers a model Awqaf law that can make a basis of formulating Awqaf laws in the Arab and Muslim countries. This proposed model in founded on the basis of the proposed solution of the above mentioned nine issues
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Monzer Kahf Website: www.kahf.net Present position: Professor of Islamic Finance and Economic, Faculty of Islamic Studies, HBK University, Doha, Qatar. Monzer Kahf has a strong training and knowledge of Islamic Jurisprudence (Fiqh) and Islamic Studies. He got his Ph.D. in Economics (Monetary theory and development) from the University of Utah, Salt Lake City, USA 1975. He served as research economist, head of research division and senior research economist at Islamic Research and Training Institute (IRTI) of the Islamic Development Bank (IDB), Jeddah (Saudi Arabia) from 1985 to 1999. He was a professor of Islamic Economics and Banking in the graduate program of Islamic economics and banking, School of Shari’ah, Yarmouk University, Jordan for the year 2004/5. He wrote 35 books and booklets in English and Arabic, on Islamic banking and finance, Islamic economics, Zakah, Awqaf, including some which have become the standard reference manuals in the field. Some of Dr. Kahf's books are translated to Indonesian, Turkish, Russian and Korean languages. He also wrote more than 100 articles, in English and Arabic, on Islamic finance and economics, Islamic public and private finance, Islamic banking, Zakah, Awqaf, including entries for the Oxford Encyclopedia of the Modern Islamic World and other international encyclopedias. Recently he completed three landmarks of his works; 1) four books under the title of Notes on Islamic Economics: Theories and Institutions, the Third Charitable Sector, Islamic Finance and Banking and Public Finance, Economic Policy and Development, 2) an academic book on Islamic Finance Contracts (English), and 3) an Arabic book on Fundamentals of Islamic Finance. Monzer is active in associations, he is a founding member of the International Association of Islamic Economics, founding member of Association of Muslim Social Scientists of the United States of Canada, and he was part of the American Economic Association. He also advises Islamic and conventional banks, courts and other public institutions on Islamic finance, banking and Islamic endowment (awqaf). He won the President of Syria Award for best University Graduating Student in 1962 and the IDB Prize for Islamic Economics in 2001.
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