Adaptation to changing circumstances: Perpetual leases and exchange transactions in waqf property in Ottoman Algiers

Miriam Hoexter*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

18 Scopus citations

Abstract

Islamic law allows for perpetual leases and exchange transactions of endowed property as an exceptional means to deal with the inalienability of waqf assets in cases in which waqf-property has become dilapidated. In this article I examine the use of these two transactions in connection with the largest public foundation in Ottoman Algiers-the Waqf al-Haramayn. These two transactions proliferated during the last few decades of Ottoman rule and were extended to assets which were fully intact, on the condition that the transaction was of material advantage to the waqf. This policy was conditioned by a number of socio-economic factors particular to Algiers and its important public foundations.

Original languageEnglish
Pages (from-to)319-333
Number of pages15
JournalIslamic Law and Society
Volume4
Issue number3
DOIs
StatePublished - 1997

Bibliographical note

Publisher Copyright:
© 1997 Koninklijke Brill NV, Leiden, The Netherlands.

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