Analyse De L’usage Des Termes De ḥabs, Waqf Et ṣadaqa Dans Les Ouvrages De Jurisprudence Chiites Et Sunnites Aux Premiers Siècles De L’islam

In the early Islamic period before the compilation of the jurisprudential books such as the one by al-Khassâf at the beginning of the 3rd century, the term waqf had not yet appeared in any source. Similarly, the word waqf does not appear in the Quran. Its legitimacy derives from a number of hadîths which purportedly go back to the Prophet. Similar pratices which go back to the first Islamic century, ḥabs and ṣadaqa, are terms which appear in Prophetic hadîths; however, there is no mention of the term waqf in them. By the 4th century with the compilation of diverse treatises of Shiite hadîths such as al-Kâfî and Man lâyahzuruhu al-faqîh, the smaller treatises of hadîths began to progressively disappear. Study of the hadîth collections from the 4th century which still exist today show us that the term, waqf, was used for the first time in Shiite hadîths. Shiites that go back to the sixth imam al-Ṣâdiq (died 148 AH). This indicates that this term had begun to be used along with the older terms of ṣadaqa and ḥabs. Comparing the different sources such as hadîth in addition to Shiite and Sunnite jurisprudence from the first Islamic centuries, we can analyse the use of the terms: ḥabs, waqf and ṣadaqa in Shiite and Sunnite Islamic jurisprudence. Thereby, the comparative approach with regard to Shiite and Sunnite jurisprudence allows use to observe that in the case of waqf, there are terms which are used by both groups with different meanings. Neglecting these different meanings and the corresponding differences in the divergence in the lexicographical field within the jurisprudence of the different Islamic schools (madhab) could lead to important errors in the scientific analysis in religious law.