İslâm Aile Vakıflarının Mahiyeti ve Fıkhi Zemini: Meşruiyet Sorgulamalarına Eleştirel Bir Yaklaşım

The foundation (waqf), which is a charity institution that was able to find an application area since the emergence of Islam, has developed over time in Islamic societies and has become a common institution. In the Ottoman Empire, these institutions had incorporated different services into its structure. This expansion has also led to the establishment of many different types and purposes of foundations such as charities; family, animal care, hospice, foodbank and educational institutions and mosques. Types of foundations in which the incomes of the foundation were shared in different ways were also developed in this period. Family foundations are one of the types of foundations established for the purpose to share of income. Family foundations, which are characterized by many different names such as “zürri” (familial), “ehli” (domestic) and “evlatlık” (filial), have been criticized legally for various reasons in the last period of the Ottoman Empire and the Republic period, and their legitimacy has been questioned. This questioning of legitimacy, which started especially with orientalist studies, was also written among Turkish historians and lawyers, and attempts were made to base the claims that family foundations are illegitimate. In time, these criticisms came out of the family foundations and became legally questioning the entire Islamic foundation system. Investigating the justification of these criticisms, which have been popular since the end of the 19th century, is of particular importance for the development of today's foundation system. Because as a result of these criticisms, the foundations, which are one of the most effective institutions that provide social cohesion and that Islam has created and developed, have lost their importance over time and there has been a noticeable decrease in established foundations. Previously established foundations were somehow transferred to individual ownership on legal grounds. Based on these reasons, the study aims to determine the truth of these claims and to offer a critical approach to the debates on the legitimacy of family foundations in Islamic law, thus revealing the legal basis of the foundation system in Islam. In terms of nature, family foundations are a type of foundation for the purpose of the foundation. Although its name is described as family, it indicates a foundation that is broader than the concept of family. In this sense, it refers to foundations established first for private individuals