The Juristic Theory of Waqf in Sadr Shahid Husamuddin Umar Bukhari’s “Kitab al-Waqf”: Fiqh Discussions and Their Legal Significance

Sadr Shahid Husamuddin Umar Bukhari’s work Kitab al-Waqf systematically addresses issues of waqf (endowment) in Islamic law. The book is based on two manuscripts, preserving the original text. The author presents legal opinions, ijtihad (juridical reasoning) differences, and the views of prominent jurists while also expressing his own scholarly conclusions. It analyzes the perspectives of Abu Hanifa, Abu Yusuf, Muhammad ibn Hasan Shaybani, and other Hanafi scholars on waqf-related issues, including the condition of permissibility, distribution of benefits and property, and allocation to children and the poor. Sadr Shahid extensively applies the methods of qiyas (analogical reasoning) and istihsan (juridical preference) to clarify waqf rights and conditions among children and relatives. The book also discusses complex matters such as criteria for poverty, waqf revenues, inheritance, and the timing of revenue accounting. By comparing the views of earlier and later scholars, the work sheds light on the practical aspects of Islamic law. The researcher provides an edition enriched with scholarly annotations, making it a valuable resource for readers and scholars. This book is significant for the study of jurisprudence, the history of Islamic law, and ijtihad-related differences.