The Dispossession of the Peasantry (ص 87)
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- The Dispossession of the Peasantry (ص 87)
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71
interlocked within the one process. However, they are, at first, dealt with
separately.
2.1 Land Tenure
As in the rest of the Ottoman Empire, land in Palestine was classified into
five legal categories. Although these categories previously existed, they were
codified in the Land Code of 1858.' First was Arazi Memluke (Mulk) (i.e.,
freehold). These lands included mainly building sites within and on the border of
villages and towns. The holder of Mulk land had the ragaba (absolute ownership)
and tasarruf rights (usufruct of).2 Second was Arazie Mirie (Miri) (i.e., crown or
state land). Miri constituted the bulk of land in the Ottoman Empire. On Miri land,
the ragaba belongs to the state, but the tasarruf belongs to the individual.
However, as in the case of Mulk land, Miri land could be both inherited and the
usufruct sold, Third was Arezi Mevkufe (Waqf), which was held for a charitable or
religious purpose. Fourth was Arazi Metruke (i.e., abandoned land). Fifth was
Arazi Mevat (Mewat) (1.e., dead or uncultivated land). However, mulk status could
be conferred on mewat land by order of the sultan upon reclamation of such land
|These categories were taken from translated excerpts reprinted in Z. Y.
Hershlag, Introduction to the Modern Economic History of the Middle East
(Leiden: E. J. Brill, 1964), 298-300.
“Doreen Warriner, “Land Tenure in the Fertile Crescent,” in The Economic
History of the Middle East, 1800-1914, ed. Charles Issawi (Chicago: University of
Chicago Press, 1966), 73.
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- Riyad Mousa
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