Substitution of Endowments in Nablus during the Period of Egyptian Rule 1247 A.H. / 1831 A.D. to 1255 A.H. / 1840 A.D.

Muhammad Majid Salah al-Din al-Hizmawi

Abstract


This study examines the substitution of endowments (waqf) in the city of Nablus during the period of Egyptian rule from 1831 to 1840 A.D. This period is important for the history of Bilad al-Sham in general in view of the control of Muhammed Ali Pasha after having been under Ottoman sovereignty. This study reviews the origin of the concept of substitution, presents the opinions of the jurisprudents of the four juristic schools about it, clarifies justifications for it and the different types of substituted property, and finally analyzes the contracts of substitution that were documented in the Islamic law court records, based on distribution by social classes and the substituted properties, whether partial, full or shared.
The study relies mainly on the records (sijill) of the Islamic law court of Nablus, of which a microfilm copy is at the University of Jordan. Sijill No. 9 is the most important one, covering the period between 1244 A.H. / 1828 A.D. to 1254 A.H. / 1838 A.D. Works of jurisprudence were also consulted to understand the views of legal scholars about the question of substitution.

Keywords


Substitution, Islamic Law Court Records, Nablus Ottoman Period

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