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Legal roots of authoritarian rule in the middle east: Civic legacies of the islamic waqf

Publication ,  Journal Article
Kuran, T
Published in: American Journal of Comparative Law
July 1, 2016

In the legal system of the premodern Middle East, the closest thing to an autonomous private organization was the Islamic waqf. This non-state institution inhibited political participation, collective action, and rule of law, among other indicators of democratization. It did so through several mechanisms. Its activities were essentially set by its founder, which limited its capacity to meet political challenges. Being designed to provide a service on its own, it could not participate in lasting political coalitions. The waqf's beneficiaries had no say in evaluating or selecting its officers, and they had trouble forming a political community. Thus, for all the resources it controlled, the Islamic waqf contributed minimally to building civil society. As a core element of Islam's classical institutional complex, it perpetuated authoritarian rule by keeping the state largely unrestrained. Therein lies a key reason for the slow pace of the Middle East's democratization process.

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Published In

American Journal of Comparative Law

DOI

ISSN

0002-919X

Publication Date

July 1, 2016

Volume

64

Issue

2

Start / End Page

419 / 454

Related Subject Headings

  • Law
  • 4807 Public law
  • 4804 Law in context
  • 4803 International and comparative law
  • 1801 Law
 

Citation

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Kuran, T. (2016). Legal roots of authoritarian rule in the middle east: Civic legacies of the islamic waqf. American Journal of Comparative Law, 64(2), 419–454. https://doi.org/10.5131/AJCL.2016.0014
Kuran, T. “Legal roots of authoritarian rule in the middle east: Civic legacies of the islamic waqf.” American Journal of Comparative Law 64, no. 2 (July 1, 2016): 419–54. https://doi.org/10.5131/AJCL.2016.0014.
Kuran T. Legal roots of authoritarian rule in the middle east: Civic legacies of the islamic waqf. American Journal of Comparative Law. 2016 Jul 1;64(2):419–54.
Kuran, T. “Legal roots of authoritarian rule in the middle east: Civic legacies of the islamic waqf.” American Journal of Comparative Law, vol. 64, no. 2, July 2016, pp. 419–54. Scopus, doi:10.5131/AJCL.2016.0014.
Kuran T. Legal roots of authoritarian rule in the middle east: Civic legacies of the islamic waqf. American Journal of Comparative Law. 2016 Jul 1;64(2):419–454.
Journal cover image

Published In

American Journal of Comparative Law

DOI

ISSN

0002-919X

Publication Date

July 1, 2016

Volume

64

Issue

2

Start / End Page

419 / 454

Related Subject Headings

  • Law
  • 4807 Public law
  • 4804 Law in context
  • 4803 International and comparative law
  • 1801 Law