Colonial Capitalism and Rural Class Formation (ص 73)

غرض

عنوان

Colonial Capitalism and Rural Class Formation (ص 73)

المحتوى

Mulk Land
This term refers to land which was under full private ownership.
The term ‘Mulk' means absolute ownership. Mulk land in Palestine
existed long before the Ottoman Empire occupied the region. Under
Moslem rule, the right of absolute ownership of land was granted to
all Moslem tribes who "opened up", that is occupied, new land. Rights
over this land were dictated by the "Sharia" or Moslem Law. (al-
Murr,1924:16)
Under Ottoman rule, this form of land tenure was extended to non-
Moslems. Military and other administrative staff within the state were
granted land in return for military and/or other services. Land could
also be owned by non-Moslem and non-military persons. Land owned by
Christian merchants, for example, was referred to as "Khirajia" (that
is, outside the Sharia Law). In this case land was fully commoditized,
j.e. sold once and for all, for a value known as “Badal el-Mith1l" or
the land's equivalent value. The right of ownership over this land,
known also as the "Ragaba" included the right to selling, exchange,
transfer, or use of the land in any form or manner. No conditions of
use or non-use were placed on owners of this category (al-Murr,1924:9;
Warriner,1966:78). Under Ottoman law, Moslems enjoyed more rights than
other religious groups. Moslem Mulk land, known also as "“Ushria" could
not be transferred to non-Moslems or become "Khirajia", while Khirajia
land could be turned into "Ushria" land, that is sold to Moslems (al-
Murr,1924:11).
The Wagf
Although most of the literature recognizes one form of "Waqf" only,
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Colonial Capitalism and Rural Class Formation

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المنشئ

Nahla Abdo-Zubi

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