PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

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Thursday, September 27, 2012

Aziz and Khan on Private Ownership in Islamic Law

Farooq Aziz (Federal Urdu University - Pakistan) and N. R. Khan (Sultan Idris University - Malaysia) have posted Refutation of Private Ownership of Land: An Islamic Perspective (Journal of Islamic Economics) on SSRN.  Here's the abstract:

It is normally accepted that, Islam recognized the private ownership of land just like other items. Private ownership is an accepted institution in Islam. No doubt this institution is well admitted in Holy Book, however, it does not accept the private ownership of land. Arguments which are given in this context from Qur’an & Hadith do not qualify any standard of reasoning. The foremost gap in the arguments given in Holy Book is that, Qur’an definitely accepts the ownership of houses, gardens and agriculture production, but doesn’t the land on which they are situated. It is wrongly assumed that, the land on which houses or gardens are situated or from which cultivator attains production is also in the possession of individual, it is the basic deception. Holy Book has admitted the ownership of all those items which are the result of human labor. Since land is not the result of human labor; hence its private ownership is not recognized.

Steve Clowney

http://lawprofessors.typepad.com/property/2012/09/aziz-and-khan-on-private-ownership-in-islamic-law.html

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