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The legal framework: General elements of donations

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Chapter Summary

To correctly understand the institution of pious endowments it is imperative to analyse and know its technical aspects, traditionally a prime focus of attention which has engendered substantial scholarly literature. This chapter provides a specific analysis of the main features of Andalusian jurisprudence. The earliest evidence of that jurisprudence can be traced back to the 9th century, although the legal development of the institution is only noticeable from the 10th century. Focusing on these sources, the chapter analyses the legal requirement governing pious endowments in Andalusian jurisprudence. As it is a voluntary action, it establishes the reasons that might lead a Muslim to give up certain assets and devote them to a cause regarded as pious. Subsequently, the chapter looks at the other requirements relevant to the figure of the founder, the clauses that the latter was allowed to include, the property donated and its rules for usufruct, etc.

Keywords: Andalusian jurisprudence; donations; institution of pious endowments; Muslim



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