Introduction The waqf (pl. awqāf) has been described as the most important legal institution in the Islamic world. It provided the foundation for Islamic civilization, as it was interwoven with the entire religious life and the social economy of Muslims. From mosques, schools and hospitals to highways, bridges, markets and inns, most of the public sector was financed through awqāf. The waqf provided the only permanent organisational form under Islamic law. Therefore, the waqf was the most suitable legal form for financing long lasting services. Small wonder that the entire sector of public services in the Muslim world was managed through awqāf before the advent of the modern state in the twentieth century. Interestingly, the waqf was not limited to the provision of public services. A large number of waqf properties were reserved in favour of the founder and his/her family members, generation after generation. However, even in such private awqāf, the ultimate beneficiaries were the poor of society or public services. Therefore, the waqf as an institution encompasses both private and public functions. The aim of this paper is to examine the practice of awqāf in British India. It provides a factual analysis of awqāf mentioned in the Privy Council judgments. It starts with a description of the Privy Council judgments handed down between the second half of the nineteenth century and the mid twentieth century. These cases came not only from various provinces of India, but also from all over the Muslim populated areas of the British Empire. This analysis of awqāf, however, is limited to the Indian cases. An effort has been made to deconstruct various types of interests in awqāf by classifying them in accordance with the extent of public or private interest involved in each waqf. There were significant differences in the property law regime in various provinces of India. Therefore, this paper also analyses the various types of awqāf in
Introduction The waqf (pl. awqāf) has been described as the most important legal institution in the Islamic world. It provided the foundation for Islamic civilization, as it was interwoven with the entire religious life and the social economy of Muslims. From mosques, schools and hospitals to highways, bridges, markets and inns, most of the public sector was financed through awqāf. The waqf provided the only permanent organisational form under Islamic law. Therefore, the waqf was the most suitable legal form for financing long lasting services. Small wonder that the entire sector of public services in the Muslim world was managed through awqāf before the advent of the modern state in the twentieth century. Interestingly, the waqf was not limited to the provision of public services. A large number of waqf properties were reserved in favour of the founder and his/her family members, generation after generation. However, even in such private awqāf, the ultimate beneficiaries were the poor of society or public services. Therefore, the waqf as an institution encompasses both private and public functions. The aim of this paper is to examine the practice of awqāf in British India. It provides a factual analysis of awqāf mentioned in the Privy Council judgments. It starts with a description of the Privy Council judgments handed down between the second half of the nineteenth century and the mid twentieth century. These cases came not only from various provinces of India, but also from all over the Muslim populated areas of the British Empire. This analysis of awqāf, however, is limited to the Indian cases. An effort has been made to deconstruct various types of interests in awqāf by classifying them in accordance with the extent of public or private interest involved in each waqf. There were significant differences in the property law regime in various provinces of India. Therefore, this paper also analyses the various types of awqāf in
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