%0 Journal Article
%T A Critical Edition of the Takhr¨©j al-aqw¨¡l f¨© mas¡¯ala al-istibd¨¡l by Ibn Qu£¿l¨±bugh¨¡
%A Yasin Erden
%J -
%D 2018
%X It is important to protect foundations (awq¨¡f) for the advantage of Muslims and even of humanity. According to scholars, the conditions of foundations should remain unaltered unless there exists an urgent need for change and the community should guard against abuses such as corruption or thievery. Discussions concerning changes within certain conditions stipulated by the endower have continued from the earliest period until the present day. During his governorship in Kufa, Sa¡®d b. Ab¨± Waqq¨¡s (Sa¡®d b. M¨¡lik) (d. 55/675) built the Kufa Mosque in 639. Across the altar of this mosque, he also built the treasury house. Assets were stolen through vents on the wall of treasury. When Sa¡®d informed the caliph Umar I (d. 23/644) by a letter, the caliph ordered to transfer the mosque and the treasury to another place and rebuild the treasury house near the altar. According to the narrative of £¿abar¨©, the Muslim community attending the mosque would guard the treasury against thieves. Although the narrator of this report does not emphasize it as the first example of a change to the conditions of a foundation in Islamic history, we can consider this to be the first occurrence of this sort as we do not have any previous example reported to us. The most prevalent view of the Muslim jurists is that ¡°the endowed property cannot be sold because it belongs to God.¡± Changes (istibd¨¡l) are possible only when the renewal of the property is necessary, which is a principle to ensure the continuity of the foundation until end times. According to widespread approach, istibd¨¡l (change to foundations) is to sell (the whole/a part or the ruined parts of) endowed properties, except for mosques, or to exchange it/them with another endowed property or a private property provided that a stipulated condition for exchange are defined by the endower and new properties are to be purchased in its/their place. It may adopt various forms, in respect to time, space and schools of law, such as tabd¨©l, mun¨¡qala, mub¨¡dala. Muslim jurists hardly view ungrounded ex/changes permissible. They seek an indispensable condition for change such as ruin, fire, destruction etc. During the Ottoman period, the first resort for the continuation of the endowed property was not istibd¨¡l but repairing the property with the foundation¡¯s own money, or through financial solutions such as loans, renting, establishing cash foundations, long-term renting and raqaba (bare ownership) etc. This subject, which has been discussed since the Hanafi jurist Mu£¿ammad al-Shayb¨¡n¨©, found wide space in jurisprudential works, fatw¨¡
%K £¿bn Kutlubo£¿a
%K istibdal
%K vakfedenin £¿art£¿
%K vakf£¿n i£¿levini yi- tirmesi
%K fetva
%U http://dergipark.org.tr/isad/issue/36297/409850