The Islamic Law on Land Tax and Rent
The Peasants' Loss of Property Rights as Interpreted in the Hanafite Legal Literature of the Mamluk and Ottoman Periods
This book, first published in 1988, argues that a close inspection of the development of Hanafite law in the Mamluk and Ottoman periods reveals changes in legal doctrine which were not restricted to civil transactions but also concerned the public law. It focuses in particular on the interrelated areas of property, rent and taxation of arable lands, arguing that changes in the relationship between tax and rent led to a redefinition of the concept of landed property, a concept at the very heart of the Islamic legal system. This title will be of particular interest to students of Islamic history.
Table of Contents
Preface; Acknowledgements; Notes on Transcription; Preliminary Remarks; 1. The Birth of the Kharāj Payer 2. The Contract of Tenancy (Ijāra): The ‘Commodification’ of the Productive Use of Land 3. The Share-cropping Contract (al-Muzāraca): Combining Dependent Labour with the Means of Production 4. The ‘Death of the Proprietors’ 5. The Ottoman Muftis’ New Doctrine on Tax and Rent 6. Summary and Conclusion; Bibliography; Name Index; Subject Index