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Kharaj and land proprietary right in the sixteenth century: An example of law and economics

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Author Info
Islahi, Abdul Azim
Abstract

Kharaj (land-tax) has been a controversial subject since the formative period of Islamic jurisprudence. It is said that Muslim jurists have been very conservative while dealing with the subject of kharaj. But this is wrong perception or opinion. The Controversy have mainly been revolved around the kharaj-payer's relationship with the land he owned or cultivated. This nature of relationship was necessary, for in circumstances it alone determined what to do with the kharaji land. A host of problems surfaced over the centuries and the Muslim jurists dealt with them differently. The later jurists, specially during the Ottoman period, face situations which did not exist in early period. So they were compelled to develop their own thoughts over a number of issues and in so doing they had to differ from their predecessors. It may, therefore, be argued that the Islamic law on kharaj has never been rigid and static.

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File URL: http://mpra.ub.uni-muenchen.de/18231/
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Publisher Info
Paper provided by University Library of Munich, Germany in its series MPRA Paper with number 18231.

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Date of creation: 20 Apr 2006
Date of revision: 27 Jul 2007
Publication status: Published in Journal of Objective Studies 1 - 2.19 - 20(2008): pp. 29-44
Handle: RePEc:pra:mprapa:18231

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Related research
Keywords: Land-tax; Land property; Kharaj; Ottoman Economic History; Islamic Economic Thought; Law and Economics.;

Find related papers by JEL classification:
B10 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - General
B30 - Schools of Economic Thought and Methodology - - History of Thought: Individuals - - - General
H80 - Public Economics - - Miscellaneous Issues - - - General
B15 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Historical; Institutional

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