From the Pages of the Defter (ص 48)

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From the Pages of the Defter (ص 48)

المحتوى

land can be attained.” Part Two establishes procedures for alienation (ferag) of one’s
usufruct held by right of tapu.°° Articles 41-43 treat the transfer of title to lands held in
partnerships. Article 47 sought to resolve confusion that could arise in determining the
dimensions of land being alienated according to dimensions expressed in the number of
dunams and/or ziras (arm lengths). In the event that discrepancy over numbers and the size
of the land parcel arose, this article determines that the traditional system of demarcating
land according to its relative boundaries, such as the mountain or the property of another,
would take precedence over any stated quantitative measurement. Part Three of the Land
Code confers rights of inheritance of usufruct rights on miri lands.°’ Article 78, in Part Four of
the Land Code, establishes that individuals who can prove ten years’ unchallenged tenure on
the land (haqq-: karar) were entitled to tapu, whether or not they held a document proving
their title on the land.°” Protection against land seizure by creditors is outlined in Article 115;
Articles 116 forbids mortgaging land by pledge (rehn) but permits landholders to mortgage
their lands with an explicit guarantee of restitution of the property in full once their debt is
” Ibid., 3-19.
°° Ibid., 20-27.
>" Ibid., 28-30.
** Ibid., 41-42. For example of a title deed predating the Land Code, see Image 1 in the Introduction to this
study.
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From the Pages of the Defter

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المنشئ

Susynne McElrone

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Generated Pages Set

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