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  • Chapter 18 - Ottoman Fatwās on the Substitution of Defunct Endowment Properties, from al-Aqwāl al-Marḍiyya of Qāḍīzādah Muḥammad Ṭāhir (d. 1254/1834)

  • from Part III - Legal Opinions (Fatwās)
  • Edited by Omar Anchassi, Universität Bern, Switzerland, Robert Gleave, University of Exeter
  • Book:
    Islamic Law in Context
    Published online:
    14 November 2024
    Print publication:
    21 November 2024, pp 194-203

  • Summary

    This chapter explores the intervention of the late-18th century Ottoman jurist Kadizâda Mehmed Tâhir in a longstanding controversy: the legitimacy of istibdāl (the exchange of an endowed property for cash, or for another property). This mechanism was recognised as valid by the Ḥanbalī school of law, somewhat exceptionally. Istibdāl was an important means of reviving defunct endowments (sing. waqf) whose properties no longer generated the income necessary to support the charitable causes they had been devoted to, as well as a means of ensuring the continued circulation of property in society. Kadizâda Mehmed Tâhir argued in favour of the legitimacy of this mechanism and sought to uphold the decision of a Cairene deputy judge of the Ḥanbalī school who permitted istibdāl in a case where the endowment deed (waqfiyya) explicitly precluded its use.