the legal actions of the waqf administrator (nāẓir) within the Qu'aiti State

Abstract

This study explores the administrative powers and conduct of the waqf administrator (nāẓir) within the Qu'aiti State. It examines the distinguished jurisprudential intellect of the state's scholars, their collective spirit, and their impact on codifying legal issues in harmony with contemporary developments, all without diverging from the fundamental objectives of the waqf (maqāṣid al-waqf).

This research aims to clarify the regulations and conditions governing the actions of the waqf administrator in light of Islamic legal objectives as applied within the Qu'aiti State.

The study is structured into an introduction, a preliminary chapter, three main chapters, and a conclusion. The preliminary chapter addresses the emergence of the Qu'aiti State and its judicial system, while the conclusion presents a set of findings and recommendations.

Among the most prominent findings are: the necessity of restricting the administrator's actions to what serves the best interest (al-maṣlaḥah) of the waqf, the obligation to adhere to jurisprudential guidelines in leasing and selling waqf properties, the critical need for the jurisprudential training of administrators, and the importance of leveraging collective juristic reasoning (al-ijtihād al-jamāʿī) in organizing waqf affairs.

Key recommendations include: supporting the codification of jurisprudence in the field of waqf, developing contemporary waqf legislation, and unifying jurisprudential efforts to ensure the governance and sustainability of endowments.