Description
“The Islamic Waqf in Jerusalem” is a comprehensive and insightful study that delves into the rich history and complex legal challenges surrounding the waqf, an Islamic endowment system, in the unique and highly contested city of Jerusalem. This book aims to analyze the impact of various historical regimes on the status and administration of the waqf, and explore the possibilities for its revival in modern
times.
The book begins by examining the special case of waqf in Jerusalem, discussing Orientalism, post-colonial theory, and the impact on the waqf system in the city. It then proceeds to analyze the characteristics of the waqf, its decline, and the potential for its revival. It offers an in-depth exploration of the philosophy of the Islamic legal system, the origins of the waqf, and the various participants and contributions of the waqf in social, economic, and educational development.
Subsequent chapters cover the impact of successive regimes, from the Mamluk era to the present-day Palestinian National Authority, on the waqf in Jerusalem. The book also examines the influence of Israeli laws on Palestinian land ownership and the biased political classification of waqf laws. It goes on to discuss the characteristics of waqf in Jerusalem, examining the archives, documentation, and resources, as well as the policy of seizing awqaf (plural of waqf) after the occupation of Jerusalem in 1967. The legal status of the waqf in Jerusalem is further explored, with a focus on the holy places, tenancy rights, and disputes over jurisdiction between Israeli courts and the Shari’a Court in Jerusalem.
A case study on the Mamilla Cemetery in Jerusalem is included to provide an in-depth understanding of the complex legal challenges and jurisdictional conflicts faced by the waqf system. The book concludes with a discussion and assessment of the results, revisiting the research questions, and comparing the situation in Jerusalem with other Muslim states. It offers valuable insights into the real reasons for the decline of the waqf in Jerusalem and concludes with suggestions for potential revival strategies and reforms.
“The Islamic Waqf in Jerusalem” is an essential resource for scholars, students, and policymakers interested in Islamic law, the waqf system, and the political, social, and religious dynamics of Jerusalem. The book’s meticulous research and analysis offer a rare and comprehensive understanding of the historical development, legal challenges, and future prospects of the Islamic waqf in one of the world’s most contested cities.
