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

(2013) 8 The Journal of Comparative Law 172-191

King's College London Law School Research Paper No. 2014-32

33 Pages Posted: 28 Jan 2014 Last revised: 27 Aug 2014

See all articles by Hamid Harasani

Hamid Harasani

King's College London - The Dickson Poon School of Law

Date Written: December 1, 2013

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

Suggested Citation

Harasani, Hamid, The English Rule Against Perpetuities and the Mandated Perpetuity of Islamic Waqfs: Three Colonial Cases (December 1, 2013). (2013) 8 The Journal of Comparative Law 172-191, King's College London Law School Research Paper No. 2014-32, Available at SSRN: https://ssrn.com/abstract=2385716 or http://dx.doi.org/10.2139/ssrn.2385716

Hamid Harasani (Contact Author)

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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