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

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  • 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.

Suggested Citation

  • Islahi, Abdul Azim, 2006. "Kharaj and land proprietary right in the sixteenth century: An example of law and economics," MPRA Paper 18231, University Library of Munich, Germany, revised 27 Jul 2007.
  • Handle: RePEc:pra:mprapa:18231
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    More about this item

    Keywords

    Land-tax; Land property; Kharaj; Ottoman Economic History; Islamic Economic Thought; Law and Economics.;

    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 Economic Thought: Individuals - - - General
    • H80 - Public Economics - - Miscellaneous Issues - - - General
    • B15 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Historical; Institutional; Evolutionary

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