The Legal Basis for the Ownership of the Waqf Property in the Book “Hidayah” by Marghinani
DOI:
https://doi.org/10.61841/trzb3e63Keywords:
Fiqh, Waqf, Burhoniddin Marghinani's Work , Waqf Giver,, Trustee (Waqf Affairs), Waqf User,, Waqf Agreement, Will.Abstract
In the IX-XIII centuries, Movarounnahr became one of the most important centers of development of jurisprudence, where thousands of faqihs worked. Our compatriot Burhoniddin Marghinani has a special place among Movarounnahr jurists. As a great representative of the Hanafi School, he made a great contribution to the development of jurisprudence.
Burhoniddin Marghinani's work “Hidoyah” is the main textbook, manual, program in all madrassas and dorulfuns of the Muslim world. State and religious leaders, public figures, scholars and scholars used the work of Burhoniddin Marghinani and relied on him.
From history to the present day, societies have established institutions to meet the needs of social assistance among themselves. The social assistance institutions established today have been implemented in Islamic society through its foundations since its earliest days. As the waqf institution expanded, special jurisprudence books were classified about it, and separate chapters were devoted to the subject of the waqf in each general jurisprudence book.
In the tenth and thirteenth centuries, the science of jurisprudence was particularly advanced, during which many works on jurisprudence were written. One of such books is “Hidoyah” by Burhoniddin Marghinani. The waqf chapter of the book deals with various topics related to waqf ownership, in particular, the disposal of waqf property, waqf agreement, bequest of property waqf, and transfer of waqf property to the trustee, undivided, divisible and indivisible, waqf of shared property.
Downloads
References
[1] Muhammad Ubayd Abullah Kubaysi Ahkomil - Waqf fi ash-sharia al islamia (provisions of the Waqf in the Islamic Sharia). Baghdad, 1977. I volume.
[2] Burhoniddin Marghinani. Hidaya. 2-volume. Waqf book.
[3] Bukhari. Al-Jami ' as-Sahih. 2-volume. The book of testament.
[4] Muslim. Sahih Muslim. Testament. 2-volume.
[5] Abu Dawud. Sunan Abu Davuv. Testament. 2-volume.
[6] Termizi. Sunan Termizi. Kitab al-Waqf.
[7] Ibn Majah. Sunan Ibn Majah. Kitab al-Ahkam.
[8] Nasai. Kitab Al-ajnas.
[9] Dorakutni. Sunan Dorakutni. 2-volume.
[10] Ibn Abu Shayba. Musannaf. Bey's book; Beyhakiy; Nasb ar-Raya. 3-volume.
[11] Quduri. Mukhtasar al-Quduri.
[12] Abdullah Zayla 'i, Nasb ar-Raya li-Ahadith al-Hidaya, Volume 3, n.d.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
