와크프(Waqf)의 법 제도와 운영 방식

Legal Institution and Management of Waqf as the Assembly of Charity, Public Interests and Market

Waqf, which has been translated as trust or foundation in English, is a legal institution of Islamic voluntary charity. Waqf is one of two axis of Islamic welfare system with zakat, and has played a vital role to provide social services and public goods without government expenditure for the Muslim community from the early history of Islam. Waqf can be explained as the complex assembly of charity, public interests, and market. This paper will deal with the diverse issues arising from the specific ways these elements are combined, especially by focusing on the legal debates between 4 Islamic schools regarding the principles of waqf, on the disjuncture and compromise between the legal principles and the practices of waqf management, on the evaluation of centralization policy of waqf by governments during the 19-20th century and the recent revival of waqf in new forms. Waqf issues are also relevant to social economy, where the relations between public welfare and market, gift and market, civil autonomy and state control are key issues which the history of waqf has clearly shown.