From the Pages of the Defter (ص 184)

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From the Pages of the Defter (ص 184)

المحتوى

Code and tax reforms. The first case involves Taffuhis’ claims through inheritance to rights to
profits gleaned from the harvests of Jamrura lands, in the absence of tapu certificates in their
names. The case demonstrates that the tapu office and tapu system of proving land tenure did
not fully replace pre-Tanzimat institutions and mechanisms that had been used previously for
these purposes. While it suggests that by the end of the nineteenth century the tapu certificate
had become the preferred document by the populace for proving land tenure, it shows that
legal ownership continued to be able to be proven through documents procured from pre-
Tanzimat, traditional institutions. It also addresses the question of the need for harmony
between tax documentation and tapu (title-deed) certificates.
The second case, the Idhna case, supports the theory that the tapu system was
becoming predominant in society. In this land dispute on the edge of Jamrura, court was
recessed so that officials could consult title-deed registers in the tapu office. This case brings to
light an issue that has drawn much attention in scholarly literature on land reform in Palestine:
the question of representative registration of ownership of lands in the name of a notable, in
this instance the heads of the village’s extended-family groups.We have seen samples of land-
registrations like this in the eml/ak register, in Chapter 3. | argue that representational
ownership in the registers was strategic on the part of villagers, not an attempt to evade reform
or arelinquishment of rights. Stakeholders in this arrangement were also included on the title-
deed. Thus, villagers created effective shareholder corporations under the name of their
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From the Pages of the Defter

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المنشئ

Susynne McElrone

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