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3 PROPERTY RIGHTS IN THE MIDDLE EAST: FROM TRADITIONAL LAW TO MODERN CODES Professor Farhat J. Ziadeh A modem lawyer attempting to understand the property rights of holders of various types of real properties described by Muslim jurists of medieval Islam would be frustrated because these jurists classified lands not according to what a holder can do with the land (for example, sell it, mortgage it, constitute it as a rvaqf, etc.), but according to how much and what kind of taxes were to be levied on it. Their classification, for the most part, was based on whether lands were conquered by force or surrendered peace- fully, and if the latter, then on the terms of the surrender. The vagueness of historical accounts about the conquest and even their contradictions and, in part, their fictitious nature, have added to the confusion. Now and then a jurist would mention something a holder can do with his land, but the primary focus is on taxes, not the legal powers or rights a holder has over his land. In this short article we are not going to review the history of Arab expansion and its use by jurists in their attempt
Arab Law Quarterly – Brill
Published: Jan 1, 1993
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