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Legal theory versus practical needs: Causes and mechanisms for altering donations

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Chapter Summary

This chapter explains how Islamic jurists endeavoured to adapt the main legal requirements of the institution to the conditions and situations of real circumstances, sometimes being forced to avoid or ignore, partially or completely, the outlying rules of the pious endowments. It focuses on the specific problem of pious endowments and on the analysis of the legal opinions of the jurists with regard to the very possibility or need of changing the original stipulations of the founder. The need to preserve the general interest could make the alteration of the original conditions of the pious endowments lawful, usually being related to one of the following three types of causes: economic, urban or military. Among the causes resulting in the alteration of donation deeds the author distinguished between internal and external.

Keywords: alteration of donation; Islamic jurists; legal theory; pious endowments



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