TITLE

Vakıflar Hukukunda Önemli Bir Tartışma: Vakıftan Rücû 'Mes'elesi

AUTHOR(S)
FURAT, Ahmet Hamdi
PUB. DATE
March 2011
SOURCE
Ekev Academic Review;bahar2011, Vol. 15 Issue 47, p231
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Waqif, is the one of the important surviving institutions in Islamic civilisation, was also one of the most discussed issues from the early ages of Hijra. Even though the discussion on Waqif were occasionally related to details of Waqif treatment, discussion on the essence of Waqif treatment also persisted for a long term. Presumably, the opener of the discussion was Shurayh (d. 78/697) the noted Qadi of Kufa with some narrations from Prophet Muhammad. The discussion had another dimension with Ebû Hanifa's fatwa "waqif is not lazim (binding)". With this fatwa, the cases on revoking of waqifs by founder and his successors started to come up. This situation revealed substantial problems for the continuation of this institution. Though Abu Yusuf and Imam Muhammad gave some fatwas to solve this problems, this issue was on the agenda for the centuries in the Islamic World, at last, in the Ottoman Period, it was aimed to be solved by adding to waqfiyas "part of revoking".
ACCESSION #
83752309

 

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