“Is the Family Waqf a Religious Institution?” Charity, Religion, and Economy in French Mandate Lebanon

2018 ◽  
Vol 25 (1-2) ◽  
pp. 37-77 ◽  
Author(s):  
Nada Moumtaz

This essay analyzes a debate among Muslim jurists in French Mandate Syria and Lebanon around whether the family waqf, a form of charitable endowment dedicated to the founder’s family, is a legitimate form of the waqf and whether it should be abolished. I argue that the new categorization of the family waqf as a deviation from real charitable giving was informed by new conceptions of the economy, religion, and charity. Because the debate was among Muslim legal scholars, it also allows us to examine modern changes in the Islamic legal tradition. I show how the debate displays the use of new scientific styles of reasoning among Muslim jurists in the derivation of rules, thereby transforming the legal tradition without rupturing it.


2016 ◽  
Vol 50 (1) ◽  
Author(s):  
Anita Cloete

The primary aim of this article is to reflect on the ‘family’ of a family approach in youth ministry. The overall aim of the article is to confirm the importance of family as social and, specifically, a religious institution. Therefore, a family approach in youth ministry is of utmost importance, but it is argued that it is more feasible if the responsibility is taken up to continuously reflect on being a family in contemporary society. That implies that reflection on family is as much a cultural task as a theological task. Therefore, an interdisciplinary reflection is valued as cultural, is multifaceted and an ever chancing phenomenon. One of the outstanding characteristic of families today is diversity. Diversity, with regards to family, is mostly related to the structure of family and attention has therefore been paid to it in a section of this article. It is argued that diversity should not be perceived as negative, because, despite of the diverse structure of family, constructive relationships is proposed as the binding and constitutive factor in being a family. The focus on relatedness moves beyond blood ties to relatedness and solidarity as fundamental for our humanness. Thatcher (2007:6) differentiates between a structural and relational approach to family. A relational approach is opted here with the emphasis on the quality of the dimension of the relationships. These relationships are also understood to be grounded in theological sources such as the Person of God and the church.


2011 ◽  
Vol 18 (2) ◽  
pp. 177-218
Author(s):  
Satoe Horii

AbstractThis essay examines “Islamic” influence on modern law, with special reference to the introduction of pre-emption (shuf'a), ostensibly of Islamic origin, into modern Egyptian legislation. In Egypt, the institution was maintained, not as part of the Islamization of laws, but for practical purposes, namely the “establishment of full landownership,” which led to the creation of new forms of pre-emption. The Pre-emption Laws of 1900-01 assigned the right of pre-emption to the “usufructuary” and the bare owner, probably as part of the late nineteenth-century policy of transferring state landownership to individuals defined in official law as “usufructuaries.” With the disappearance of state landownership as its theoretical basis, this type of pre-emption was reinterpreted by jurists in general terms of the establishment of landownership. The New Civil Code of 1949 assigned the right of pre-emption to both parties to a long lease (hikr), as an indirect attack on the family waqf.


Author(s):  
Catherine Casson ◽  
Mark Casson ◽  
John S. Lee ◽  
Katie Phillips

Chapter 8 outlines five key findings from the book: the importance of property transactions, the significance of urban topography, the importance of the family, the importance of charitable giving to institutions and the significance of the regional and national context.


2019 ◽  
Vol 43 (4) ◽  
pp. 509-524
Author(s):  
Kathryn Imray

Scholarly reasons for the existence of the גאל הדם‎ institution tend to pool around the interests of three parties: the family or clan of the dead person, the Israelite people en masse, and the land those people possess. There is, however, another party with an interest in the death of the murderer, and that is the murdered person. To suggest that the dead have an interest in the execution of their killer is to argue for a belief in posthumous interests, a position here defended with reference to Israelite interment practice, and to Mesopotamian and Israelite beliefs about the dead and the violently dead.


Legal Ukraine ◽  
2020 ◽  
pp. 6-11
Author(s):  
Oleksandr Nelin

The author studied the formation and development of the doctrine of heirless (vacant) succession in Ukraine. It has been determined that the probate law in Ukraine, as well as other legal phenomena, has followed its evolution, development and enrichment upon various historical stages of Ukrainian people and was closely tied with the existence or absence of Ukrainian statehood. The modern standards in this particular field of legal relations have been gradually established. The Kyiv State did not have the institution of heirless property because household assets of the ancient Ruthenian family were in collective property of the whole family and not in the property of an individual father-householder. That is why it was not succession but a mere redistribution of household assets remaining in joint possession within the family. The term «heirless property» was first specified in Lithuanian-Ruthenian state in Lithuanian Statutes (1566): if there were no heirs-at-law and by will, the property was acknowledged as heirless and devolved upon the state. For the legal system of Hetmanship era the primary source was the ancestral character of succession and devolution of the inheritable property to a public entity was an exception. Moreover, in Ukrainian legal tradition, the visible is the competition between acknowledging a vacant succession as an heirless property and extension of the institution of succession upon these relations. In Ukrainian SSR heirless succession devolved upon state. Modern civil law of Ukraine lacks the concept of heirless property (succession). The new Civil Code of Ukraine (2003) introduces the concept of «heirless succession» (Art. 1277). Ukrainian law applies European and international norms and standards. Along with this, the process must comply with the legal mentality of the Ukrainian people, with values and authenticity of its legal culture. Having adopted the Civil Code, Ukraine made and important step to the integration into the continental legal system, and the probate law acquired a new concept of heirless succession, when: firstly, available succession may be declared in judicial proceeding as heirless, and after that it devolves upon territorial community where it was commenced; secondly, the state is excluded both from the circle of heirs-at-law and from the circle of the entities-heirs of the succession acknowledged as heirless. The author specifies that the Ukrainian legislators did not take into account the Euroean experience during codification of the civil legislation, hence there are a number of issues that must be dealt with, so that Ukrainian legal system could completely meet the international standards. In EU countries the holder of the right for the heirless property is the state, in Ukraine it is a territorial community which outweighs the efficiency of the function of non-subjectivity elimination what heirlessness is intended for. Since a territorial community does not and cannot own so much civil capacity as the state. The author reveals some drawbacks in legal regulation of the issue and develops proposals to improve the probate law in Ukraine. Key words: succession, heirlessness, heirless property, legator, legatee, territorial community.


1988 ◽  
Vol 62 (03) ◽  
pp. 419-423 ◽  
Author(s):  
Baba Senowbari-Daryan ◽  
George D. Stanley

Two Upper Triassic sphinctozoan sponges of the family Sebargasiidae were recovered from silicified residues collected in Hells Canyon, Oregon. These sponges areAmblysiphonellacf.A. steinmanni(Haas), known from the Tethys region, andColospongia whalenin. sp., an endemic species. The latter sponge was placed in the superfamily Porata by Seilacher (1962). The presence of well-preserved cribrate plates in this sponge, in addition to pores of the chamber walls, is a unique condition never before reported in any porate sphinctozoans. Aporate counterparts known primarily from the Triassic Alps have similar cribrate plates but lack the pores in the chamber walls. The sponges from Hells Canyon are associated with abundant bivalves and corals of marked Tethyan affinities and come from a displaced terrane known as the Wallowa Terrane. It was a tropical island arc, suspected to have paleogeographic relationships with Wrangellia; however, these sponges have not yet been found in any other Cordilleran terrane.


Author(s):  
E. S. Boatman ◽  
G. E. Kenny

Information concerning the morphology and replication of organism of the family Mycoplasmataceae remains, despite over 70 years of study, highly controversial. Due to their small size observations by light microscopy have not been rewarding. Furthermore, not only are these organisms extremely pleomorphic but their morphology also changes according to growth phase. This study deals with the morphological aspects of M. pneumoniae strain 3546 in relation to growth, interaction with HeLa cells and possible mechanisms of replication.The organisms were grown aerobically at 37°C in a soy peptone yeast dialysate medium supplemented with 12% gamma-globulin free horse serum. The medium was buffered at pH 7.3 with TES [N-tris (hyroxymethyl) methyl-2-aminoethane sulfonic acid] at 10mM concentration. The inoculum, an actively growing culture, was filtered through a 0.5 μm polycarbonate “nuclepore” filter to prevent transfer of all but the smallest aggregates. Growth was assessed at specific periods by colony counts and 800 ml samples of organisms were fixed in situ with 2.5% glutaraldehyde for 3 hrs. at 4°C. Washed cells for sectioning were post-fixed in 0.8% OSO4 in veronal-acetate buffer pH 6.1 for 1 hr. at 21°C. HeLa cells were infected with a filtered inoculum of M. pneumoniae and incubated for 9 days in Leighton tubes with coverslips. The cells were then removed and processed for electron microscopy.


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