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Waqf in Late Ottoman Beirut: Legal Practice and Gender
Abstract
My paper looks at gifts inter vivos (awqaf and hiba) in late-Ottoman Beirut, with a focus on legal practice, and the role of gender in informing people’s choices. Using the concept of the Islamic inheritance system, I argue that practices related to gifts inter vivos need to be analyzed in conjunction with other property devolution practices for a better understanding of the relationship between property devolution and gender. For example, Christians in late-Ottoman Beirut are found to be more likely to favor male descendants than their Muslim counterparts in family awqaf. However, the analysis of charitable awqaf, wills, inheritance cases, fictitious sales, and the exchange of quota-shares show that although many Christian property owners privileged male family members in family waqf, they made charitable provisions for poorer women from their religious community or family. In addition, since males were in charge of maintenance, wealthy Christians ensured in their wills that female family members who had lost their father or husband were taken care of. Furthermore, when it comes to inheritance, both Christian and Muslim female heirs most often received their due shares. Hence, the diversity of practices relative to waqf and hiba serves to highlight the complexities and flexibility of the Islamic inheritance system, and the need to go beyond a focus on fara’id law to understand how these practices articulate with a specific historical context. My paper emphasizes that findings on gendered practices when it comes to gifts inter vivos should be read in conjunction with the findings on gifts post morten, and post mortem estate divisions among heirs, for a broader understanding of the relationship between property devolution and gender.
Discipline
History
Geographic Area
Arab States
Sub Area
None