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We must consider briefly the advantages and disadvantages of the institution. The religious motive of waqf is the origin of the legal fiction that wa… - Asaf Ali Asghar Fyzee
" "We must consider briefly the advantages and disadvantages of the institution. The religious motive of waqf is the origin of the legal fiction that waqf property belongs to Almighty God; the economic ruin that it brings about is indicated by the significant phrase The Dead Hand.’ Waqf to some extent ameliorates poverty, but it has also (another) side. When a father provides a certain income for his children and descendants, the impulse to seek education and the initiative to improve their lot gradually decrease.
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About Asaf Ali Asghar Fyzee
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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Asaf A. A. Fyzee
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Additional quotes by Asaf Ali Asghar Fyzee
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.
Mr. Asaf Ali wrote to Pandit Shyamji in September, 1909: “I am staying with some Muslim friends who do not like me to associate with nationalists; and, to save many unpleasant consequences, I do not want to irritate them unnecessarily.” Thus the Muslim antagonism to the Freedom Movement of India dates back to its beginning itself. (151ff)
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