|
|
|
Land Ownership and Tenure
In the beginning of chapter 10, the author correctly notes that Islam
allows land accumulation without any restrictions and recommends a
balanced economic life for a Muslim without indulgence in opulence,
luxury, and expensive pleasures. A Muslim is portrayed as a person
who works hard, is productive, saves his money, invests it profitably,
and assists the needy. However, I find the author's discussion of land
ownership and land policy unacceptable both on rational economic as well
as on Islamic grounds. The author's assertion that the Qur'an does not
mention anywhere man's ownership of land as being a part of his wealth,
in itself, does not make land a public property. If it were so, the
Prophet would have declared all land to be publicly owned. He not only
refused to interfere with the existing land holding structure, but he
left the tenure system alone without imposing even the slightest
restriction on the size of land ownership. It should be recognized
that private land ownership without any limit or restriction is allowed
and encouraged in Islam. The author's single citation about the
expropriation of Bilal Ibn al-Harith's land by Caliph 'Umar is a
description of a very special case. It refers only to that portion
of land which he failed to cultivate. Islamic law imposes only three
specific obligations on the landlord: (a) to pay all taxes, (b) to
engage in a sharecropping rather than in a fixed-rent arrangement,
and (c) to make certain that the land is acquired, accumulated, and
maintained in ownership within the bounds of Islamic moral and legal
law. As for the newly developed or reclaimed lands, the Islamic
government has every right to allocate these to the general public
within the framework of the prevailing time and space environment.
However, when the land is sold to an individual, it becomes a part
of his wealth. It cannot be expropriated without a just and fair
compensation. In order to justify his position, the author also
cites another hadith attributed to the Prophet: "If anyone has
land, he should cultivate it himself, or lend it to his brother
for cultivation or otherwise release it from his ownership" (p. 63).
Interpreting the release from ownership to mean giving it to the state
for free or even to agree to the state's expropriation is too
far-fetched. Also, in recommending small land holdings, the author
is endorsing the failed strategy of reliance on small subsistence
farming, which should be tolerated only temporarily.
Economy
Next
Back
End
|
