The English Rule Against Perpetuities and the Mandated Perpetuity of Islamic Waqfs: Three Colonial Cases

Abstract

Legal conflicts cause tensions between Islamic law and the common law. One such conflict exists between the rule against perpetuities in trusts and mandatory perpetuities in family Waqfs. This conflict is a prime example of a direct clash of legal philosophies. To appreciate the full extent of this conflict, this article analyses three seminal cases from colonial times, a period in which English common law judges had the opportunity to adjudicate on Islamic legal matters in colonial dominions where Islamic law prevailed. The cases will help gauge how receptive the common law is to Islamic legal doctrines that clash with it.

Keywords: Islamic law; Waqfs; Trusts; Comparative law; Colonialism; Rule against Perpetuities