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" "At the end of the 19th century, one-half of the cultivable land in Algiers was dedicated. Similarly, in Tunis one-third and in Egypt one-eighth, of the cultivated soil was ‘in the ownership of God’. But it was already realised by the beginning of the 20th century, first by France and later in Turkey and Egypt, that the institution of waqf was in some respects a challenge to the natural growth and development of the national economy.
Asaf Ali Asghar Fyzee (10 April 1899 – 23 October 1981) was an Indian educator, jurist, author, diplomat, and Islamic scholar who is considered one of leading pioneers of modern Ismaili studies. He also served as India's first ambassador to Egypt from 1949 to 1952, and Vice-Chancellor of the University of Jammu and Kashmir from 1957 to 1960.
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What we have to face, he wrote, is that a Muslim living in a secular or a modern state must have the freedom and independence to obey fresh laws; and new legal norms, whether related to the Shariah or not, will have to be formulated. It is becoming increasingly clear that something good and legal may be entirely outside the rule of Shariah, just as, surprisingly enough, some rules which are unjust and indefensible may be within the orbit of acts permitted by the Shariah. I refer to some rules in the Hanafi law of talaq (divorce) in India, to take a simple example.
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