al-Jami li-Ahkam al-Waqf wa al-Hibat wa al-Wasaya
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- Ministry of Awqaf and Islamic Affairs - Qatar
al-Jami li-Ahkam al-Waqf wa al-Hibat wa al-Wasaya (The Comprehensive Compendium on the Rulings of Endowments, Gifts, and Wills) is a contemporary jurisprudence treatise authored by the Saudi scholar and jurist Khalid ibn Ali al-Mushayqih, faculty member at Qassim University, focusing on the legal principles governing charitable trusts (waqf), gratuitous donations (hibat), and testamentary dispositions (wasaya) .
Scope and Structure
The work is organized systematically into thematic sections and detailed sub-chapters that analyze traditional jurisprudential rulings alongside contemporary applications :
- Introductory Foundation (al-Bab al-Tamhidi): Addresses the linguistic and legal definitions of waqf, its textual proofs, overarching legal wisdom, and the realization of Islamic legal objectives (maqasid) . It discusses the legal personality (al-shakhsiyyah al-i‘tibariyyah) of an endowment, what may validly be designated as waqf, the historical trajectory of endowments among Muslims and non-Muslim societies, motivations for creating trusts, factors behind the disappearance of historical endowments, endowments dedicated to scholarly learning (al-waqf ‘ala al-‘ilm), family/lineage endowments (al-waqf al-dhurri), and distinctions between waqf and comparable contracts .
- Binding Nature and Beneficiaries: Examines the binding status (luzum) and ownership of endowments, the legality of revocation, stipulating conditions or options of sale by the founder, the effect of debt upon the founder, and the distribution of revenues . It also details the legal status of interrupted endowments (al-waqf al-munqati‘), where beneficiaries cease to exist at the beginning, middle, or end of the endowment period .
- Administration and Governance (Wilayat al-Waqf): Investigates the rights, qualifications, duties, and compensation of the endowment administrator or trustee (nazir), as well as judicial procedures regarding the removal or dismissal of trustees appointed by founders or judges .
- Evidentiary Proof and Documentation (Ithbat al-Waqf): Explores legal means of establishing the existence and terms of an endowment, including judicial confession (iqrar) during health or terminal illness (marad al-mawt), testimony (shahadah) via direct witness, hearsay (tasamu‘), or judicial oversight (hisbah), oaths (ayman), judicial rulings, and written deeds and certified documents (kitabah wa al-watha'iq) .
Method and Sources
The author compiles the work by drawing from classical references across the major Islamic legal schools—referencing standard authorities from the Hanafi, Maliki, Shafi'i, and Hanbali traditions—while integrating modern academic research and contemporary legal studies on charitable endowments and estate planning . The discussions present comparative legal opinions, weigh supporting textual and rational arguments, and structure complex transactions into clear doctrinal divisions .
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