Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Islamic economics
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Property== According to authors F. Nomani and A. Rahnema, the Qur'an states that God is the sole owner of all matter in the heavens and the earth,<ref>{{harvnb|Nomani|Rahnema|1994}} quote {{qref|2|107|b=y}}, {{qref|2|255|b=y}}, {{qref|2|284|b=y}}, {{qref|5|120|b=y}}, {{qref|48|14|b=y}}</ref> but man is God's viceregent on earth and holds God's possessions in trust (''amanat''). Islamic jurists divide properties into public, state, private categories.<ref name =NomaniP1>{{harvnb|Nomani|Rahnema|1994|pp=66β70}}.</ref> Some Muslims believe that the Shariah provides "specific laws and standards regarding the use and allocation of resources including land, water, animals, minerals, and manpower."<ref name=hamed>{{cite journal|last1=Hamed|first1=Safei-Eldin|title=SEEING THE ENVIRONMENT THROUGH ISLAMIC EYES: Application of Shariah to Natural Resources Planning and Management|journal=Journal of Agricultural and Environmental Ethics|volume=6|issue=2|pages=145β164|url=http://www.arch.ttu.edu/scienceandspirituality/hamed_sands_colloquium_paper.pdf|date=1993|access-date=23 January 2015|doi=10.1007/BF01965481|bibcode=1993JAEE....6..145H |s2cid=153324104|archive-date=23 January 2015|archive-url=https://web.archive.org/web/20150123224435/http://www.arch.ttu.edu/scienceandspirituality/hamed_sands_colloquium_paper.pdf|url-status=dead}}</ref> ===Public property=== According to M. A. Khan, "Islam introduced the distinction between [[private property]] and [[public property]] and made the rulers accountable to the people".{{sfn|Khan|1994|p=20}}{{better source needed|date=April 2018}} Scholars F. Nomani and A. Rahnema state that public property in Islam refers to natural resources ([[forest]]s, [[pasture]]s, uncultivated land, [[water]], [[Mining|mines]], [[Ocean#Economy|oceanic resources]] etc.) to which all humans have equal right. Such resources are considered the [[the commons|common]] property of the community. Such property is placed under the guardianship and control of the Islamic state, and can be used by any citizen, as long as that use does not undermine the rights of other citizens, according to Nomani and Rahnema.<ref name =NomaniP1/>{{better source needed|date=April 2018}} The owner of previously public property that is privatized pays ''zakat'' and, according to Shi'ite scholars, ''[[khums]]'' as well. In general, the [[privatization]] and [[nationalization]] of public property is subject to debate amongst Islamic scholars. According to an analysis by Walid El-Malik in 1993, only the Maliki school took the position that all kinds of natural resources are state-owned; the Hanafi school took the opposite view and held that mineral ownership followed surface ownership, while the other two schools, Shafi'i and Hanbali, drew a distinction between "hidden" and "unhidden" minerals.<ref>{{Cite book | url=https://books.google.com/books?id=g1G52SwFjeQC&q=maliki+natural+resources+hanafi&pg=PA316 | title=Finders Keepers?: How the Law of Capture Shaped the World Oil Industry| isbn=9781936331765| last1=Daintith| first1=Terence| year=2010| publisher=Earthscan}}</ref> ===State property=== State property includes certain natural resources, as well as other property that cannot immediately be privatized. Islamic state property can be movable, or immovable, and can be acquired through conquest or peaceful means. Unclaimed, unoccupied and heir-less properties, including uncultivated land (''mawat''), can be considered state property.<ref name =NomaniP1/> During the life of Muhammad, one fifth of military equipment captured from the enemy in the battlefield was considered state property. During his reign, [[Umar]] (on the recommendation of [[Ali]]) considered conquered land to be state rather than private property (as was usual practice). The purported reason for this was that privatizing this property would concentrate resources in the hands of a few, and prevent it from being used for the general good. The property remained under the occupation of the cultivators, but taxes were collected on it for the state treasury.<ref name =NomaniP1/> Muhammad said "Old and fallow lands are for God and His Messenger (i.e. state property), then they are for you". Jurists draw from this the conclusion that, ultimately, private ownership takes over state property.<ref name =NomaniP1/> ===Private property=== There is consensus amongst Islamic jurists and social scientists that Islam recognizes and upholds the individual's right to private ownership. The Qur'an extensively discusses taxation, [[Islamic inheritance jurisprudence|inheritance]], prohibition against stealing, legality of ownership, recommendation to give charity and other topics related to private property. Islam also guarantees the protection of private property by imposing stringent punishments on thieves. Muhammad said that he who dies defending his property was like a [[Shahid|martyr]].<ref name =NomaniP2>{{harvnb|Nomani|Rahnema|1994|pp=71β77}}</ref> Islamic economists classify the acquisition of private property into involuntary, contractual and non-contractual categories. Involuntary means are inheritances, bequests, and gifts. Non-contractual acquisition involves the collection and [[exploitation of natural resources]] that have not previously been claimed as private property. Contractual acquisition includes activities such as trading, buying, renting, hiring labor etc.<ref name =NomaniP2/> A tradition attributed to Muhammad, with which both Sunni and Shi'a jurists agree, in cases where the right to private ownership causes harm to others, then Islam favors curtailing the right in those cases. [[Maliki]] and [[Hanbali]] jurists argue that if private ownership endangers public interest, then the state can limit the amount an individual is allowed to own. This view, however, is debated by others.<ref name =NomaniP2/> When Muhammad migrated to Madinah many of the Muslims owned agricultural land. Muhammad confirmed this ownership and allocated land to individuals. The land allotted would be used for housing, farming or gardening. For example, Bilal b. Harith was given land with mineral deposits at 'Aqiq Valley,<ref>al-Baladhuri, Futuh al-Buldan</ref> Hassan b. Thabit was afforded the garden of Bayruha<ref>Sahih al-Bukhari, 17</ref> and Zubayr received oasis land at Khaybar and Banu Nadir.<ref>Futuh al-Buldan, Abu Ubayd</ref> During the reign of Caliph Umar, a vast expanse of Persian royal family terrain had been acquired, this lead his successor Caliph Uthman to accelerate the allotment of land to individuals in return for a portion of the crop yield.<ref>al-Maqrizi, al-Mawa'iz wa'l-I'tibar</ref>
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
Islamic economics
(section)
Add topic