The monograph focuses on the basic features of the legal systems of the Middle Eastern countries, land law in force in these countries, Islamic land and water law, Bedouin tribal land ownership, customary water rights. The monograph contains a description of the regime of property and land in Jewish law. The author analyzes the current state of land law in the Middle Eastern countries, including title to land, title to other natural resources, types of rights to land, correlation of formal law and conventional land tenure systems. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in issues of land, civil law and comparative jurisprudence.
In this pioneering work Siraj Sait and Hilary Lim address Islamic property and land rights, drawing on a range of socio-historical, classical and contemporary resources. They address the significance of Islamic theories of property and Islamic land tenure regimes on the 'webs of tenure' prevalent in the Muslim societies. They consider the possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of 'authentic' Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.
Land was the major economic resource in the pre-modern Middle East. Questions of ownership, of access, of management and of control occupied a central role in administration, in law, and in rural practice over many centuries. Nevertheless, the subject of land and property relations is still not well understood.
Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
For too long the study of law and society in the modern Middle East has been left to specialists in narrow subcategories of law or the social sciences. Property, Social Structure, and Law in the Modern Middle East lays the groundwork for a new field of scholarship in which analysis of the social dimensions of law and the legal dimensions of social structure are integrated. It offers the stimulus of a variety of new models of scholarship by a distinguished international group of contributors whose work shares a common focus on regimes of property in the societies of the modern Middle East. The case studies examine the regulations of many kinds of property in relation to the social structures of selected Middle Eastern communities form the eighteenth century to the present. Most of the societies studied are subjected to pressures for rapid modernization and adjustment to major economic transformations. The book features comparisons of property rights and relations under regimes of Islamic and customary law as well as modern statutory law. Highlighted are new patterns of intervention by modern Middle Eastern states to alter traditional regimes of property and to transform the accompanying social structures. Their implications for development are also considered. The book's notes and bibliographies constitute a valuable resource for anyone interested in further research.
In the twenty years that followed the Arab-Israeli war of 1948, 800,000 Jews left their homes in Syria, Egypt, Iraq, Yemen, Libya, Morocco, and several other Arab countries. Although the causes of this exodus varied, restrictive governmental measures and an outburst of anti-Semitic feeling during and after the war were major factors. Some of these "Mizrahi" Jews, most of whom were not active Zionists, were forced to leave behind property of great financial and ancestral value-property that was sometimes seized by the governments of the countries they fled. In this book, Michael R. Fischbach, who has dedicated years to studying land and property ownership in the context of the Arab-Israeli conflict, reconstructs the circumstances in which Jewish communities left the Arab world. Conducting meticulous and exhaustive research in the archives of Washington D.C., Jerusalem, London, New York, and elsewhere, Fischbach offers the most authoritative estimates to date of the value of the property left behind. He also describes the process by which various actors, most importantly the State of Israel, linked the resolution of Jewish property claims to the fate of Palestinian refugee property claims following the 1948 war. Fischbach considers the implications of contemporary developments, such as America's invasion of Iraq, Israeli-Palestinian negotiations, and Libya's attempt to shed its international pariah status, which have impacted pending claims and will affect claims in the future. Overall, he finds that many international Jewish organizations have supported the link between the claims of Mizrahi Jews and those of Palestinian refugees, hindering serious efforts to obtain restitution or compensation.
Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, -country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.
Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.
