الناصرية
Volume 7, Numéro 1, Pages 101-118
2016-06-01
مصطلح "عقب" و"أعقاب" في وثائق الوقف المحلية: دراسة آرنست مارسيي
الكاتب : ودان بوغفالة .
الملخص
One of the specificity of the texts and documents related to the waqf in Algerian cities during the Ottoman era is that each notary had recourse to some specific terms that impose some formulas accepted in the edition of the waqf contracts al waqfiya; whereas, the use of the other terms includes the nature and the subject of the waqfas well as the beneficiary. On the other hand, even if the religious jurisprudence books of the various doctrines (madhâhib) had determined the meaning of some of these terms, the meaning of many other terms raises a problematic in their meaning(s) despite the fact that they are repeated several times in different documents. Among the terms that we want to highlight in this paper: the term "’aqib" in its singular form and " a‘qâb " in its plural form. This term is contained in the documents of the civil waqf when determining the beneficiaries through the generations according to the conditions required by the wâqif (the endower) at the conception of the waqf. The term appeared in the documents to distinguish between the male and the female as illustrated by the following quotations: “…After the extinction of ’aqib ..., waqf returns to profit ’aqibal-Sayyid Mustapha, the brother of the founder Ibrahim, and the benefit of its ’aqib’aqib and its ’aqib, as they will reproduce and their branches will extend ...”, “…benefit of its a‘qâb and a‘qâb its a‘qâb, as they recur ….”, “…when founder comes to die, his ’aqibtake his place, and he who dies without ’aqib, its share up to other beneficiaries of his class …. ”, “ …and the benefit of its Arab male except Aqib female who has no right, and the benefit of its a‘qâb and a‘qâb its a‘qâb, as they will reproduce and their branches will spread ….”.
الكلمات المفتاحية
الوقف الأهلي، وثائق، عقب وأعقاب، عقب الذكور، عقب الإناث
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