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Waqf Institution in Islamic Law: Сoncept, Legal Nature, Practice of Application

Student: Mark Shmatov

Supervisor: Leonid Syukiyaynen

Faculty: Faculty of Law

Educational Programme: Legal History, Theory and Philosophy of Law (Master)

Year of Graduation: 2018

In this work waqf is considered from the point of view of the proprietary law institute of Islamic civil law. The purpose of this dissertational research is to determine the legal characteristics of the waqf institute in Islamic law, as well as to reflect the practice of applying this institution in Russia and in Islamic countries. In the first chapter, the historical features of the origin and development of this institution are analyzed, the concept of waqf from different points of view and in different senses is researched, the author's definition of the waqf institute is given, the legal nature of the waqf relations developed in the doctrine of Islamic law is revealed, the influence of this Islamic institution on the legal field non-Muslim world is reflected on the example of the institution of the trust. The second chapter reviews legislation and gives concrete examples of the establishment of waqf in such Islamic countries as Turkey (the Ottoman Empire), the Persian Gulf countries (Iran, Kuwait, UAE), the countries of Southeast Asia (Malaysia, Indonesia). The third chapter contains a historical analysis of the practice of applying the waqf institute in the Russian Empire, and also shows the current practical experience of the use of waqf in the Russian Federation and assessed the need to include provisions on waqf in Russian legislation, were analyzed attempts to legitimize the waqf relations at the regional level in the Republic of Tatarstan. In the course of scientific research, the author used general scientific methods of cognition and special methods of scientific research to achieve the indicated goal and solve stated problems. The work is built on the basis of a systematic approach that allows to create a holistic picture of the origin, development and current practice of applying the waqf institute in Islamic law.

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