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Islamic law on peasant usufruct in Ottoman Syria : 17th to early 19th century / by Sabrina Joseph.
- Format:
- Book
- Author/Creator:
- Joseph, Sabrina (Sabrina E.)
- Series:
- Studies in Islamic law and society ; 35.
- Studies in Islamic law and society ; 35
- Language:
- English
- Subjects (All):
- Landlord and tenant (Islamic law)--History.
- Landlord and tenant (Islamic law).
- Leases (Islamic law)--History.
- Leases (Islamic law).
- Usufruct--Syria--History.
- Usufruct.
- Islam--Syria--History.
- Islam.
- Tenant farmers--Legal status, laws, etc--Syria--History.
- Tenant farmers.
- Syria--History--1516-1918.
- Syria.
- Physical Description:
- 1 online resource (210 pages)
- Edition:
- 1st ed.
- Place of Publication:
- Leiden ; Boston : Brill, 2012.
- Language Note:
- English
- Summary:
- Drawing on Hanafi fatawa and legal commentaries from Ottoman Syria between the 17th and early 19th centuries, this book examines the legal status of tenants and sharecroppers on arable lands, most of which were state or waqf properties. Challenging existing scholarship which argues that the status of cultivators gradually eroded after the 16th century, this study explores how jurists balanced the rights and obligations of tenants and landlords, thereby ensuring the adaptability of the Ottoman land system. The work addresses the differences between sharecropping and tenancy arrangements, the limitations that governed state and waqf officials, and the interplay between shariʿa and qanun in shaping land laws. The book also illustrates the doctrinal development of the law and sheds light on notions of 'ownership’, ideas of private vs. public good, and prevailing conceptions of social and economic justice.
- Contents:
- Preliminary Material
- Introduction
- 1. Government, Economy, and the Administration of the Land Tenure System in Ottoman Syria
- 2. Tenant and Sharecropper Obligations on State and Waqf Lands
- 3. Defining Usufruct Rights and Regulating Fair Rent
- 4. Upholding the Integrity of Sharīʿa vis-à-vis Qanūn
- Conclusion
- Bibliography
- Index.
- Notes:
- Description based upon print version of record.
- Includes bibliographical references and index.
- ISBN:
- 1-280-49626-6
- 9786613591494
- 90-04-22867-5
- OCLC:
- 794328543
- Publisher Number:
- 10.1163/9789004228672 DOI
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