The trust and the waqf (comparative analysis)

Abstract

The trust is an outstanding creature of common law of the Middle Ages. It has gained international recognition essentially for its tripartite structure and unique character. Bifurcation of rights became a label of the trust and made it flexible and adaptable to various transfers. There are numerous debates regarding the origin of the trust. This article deals with the issue of Islamic origin. The methodology of the research is oriented to comparative analysis, which considers the comparison of the traditional models of the trust and the waqf. The parallel is drawn between the juridical and linguistic peculiarities.