Birth of a Legal Institution Book by Peter Hennigan
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Birth of a Legal Institution

Birth of a Legal Institution


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About the Book

This book present the first sustained analysis of the earliest legal treatises on the Islamic trust, or waqf -- the Aḥkām al-Waqf of Hilāl al-Ra᾿y and the Aḥkām al-Awqāf of al-Khaṣṣāf.
The book situates the treastise and their authors within third/ninth century legal culture, and then undertakes a systematic textual analysis of the treatises, examining both the attributes of Ḥanafī legal discourse and how the waqf came to be defined and situated within existing categories of charitable giving, inheritance, bequest and death-sickness. The final chapter focuses on how the waqf was legitimated hermeneutically through traditions of the Prophet and his Companions.
The close textual analysis of these treatises is especially important for historians of early Islamic law.
About the Author: Peter C. Hennigan, Ph.D. (1999) in History, Cornell University, (J.D. 2001), Yale Law School, is a law clerk for the Honorable Ralph K. Winter, Jr. of the United States Court of Appeals for the Second Circuit.


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Product Details
  • ISBN-13: 9789004130296
  • Publisher: Brill
  • Publisher Imprint: Brill
  • Height: 244 mm
  • No of Pages: 268
  • Series Title: Studies in Islamic Law and Society
  • Sub Title: The Formation of the Waqf in Third-Century A.H. Ḥanafī Legal Discourse
  • Width: 167 mm
  • ISBN-10: 9004130292
  • Publisher Date: 28 Oct 2003
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Spine Width: 23 mm
  • Weight: 652 gr


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