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8/3/2019 Ottoman Regime 19th Century
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The Ottoman Land Code
Imperial Edicts
The Ottoman Land Regime
in the Late 19th Century
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What led to the Ottoman Land Code?What led to the Ottoman Land Code?
• Increasing military and economic competition
with the countries of Europe.• Geographical weakening of the central government.
• Government reforms aimed at creating strong central governing structures to promoteeconomic growth and military and political strength (Tanzimat)
• Part of the evolution of a new type of centralized state structure in which the central government
played a larger part in regulating daily lives and activities.
The OLC’s Overall Aim appears to be the improvement of
Ottoman land administration and the establishment of a direct
fiscal relationship between cultivators and the central government.
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The Ottoman Land Laws of 1858-9The Ottoman Land Laws of 1858-9
• Ottoman Land Code, 1858.• Tapou Law, 1858.
• Tapou Regulations, 1859.
How did the laws of 1858-9 reflect continuity?
How did they reflect change?
What were their most significant impact?How was this impact manifested in Jewish-Arab land-
tenure relations from the late Ottoman period through
the end of the Mandate?
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Jewish-Owned Land in Palestine, 1945/6
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The Ottoman SystemThe Ottoman System
Of “Split Ownership”Of “Split Ownership”
raqabaraq
aba – Nuda Proprietas, or bare title to
property (the right of property without
usufruct).
tasarruf tasarruf – Usufruct, or the right to use andderive profit or benefit from property.
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The 5 Types of LandThe 5 Types of Land
Defined by the O.L.C.Defined by the O.L.C.
1) mulk
2) miri
3) mewat (mevat )4) matruka (matruke)
5) waqf (vakif)
Musha` - Not a legal category, but rather a land
holding system communal holdings and periodic
redistribution.
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mulk mulk
• Raqaba and tasarruf belong to the landholder (fullownership, freehold).
• Sources:
a) Land in the built-up area of a village or town.b) Miri transformed into mulk by the Sultan through acourt order, in exchange for payment.
c) Land transferred to Muslims by the conquerors
(`ushriya).d) Land transferred to local inhabitants by the
conquerors (kharijiya).
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miri miri
• Raqaba to the treasury and tasarruf to the cultivator.
• Vast majority of agricultural land in Palestine and inthe Empire.
• Strong, long-term rights of usufruct to the holder and
cultivator.
• Under Art. 78 of the O.L.C., whoever cultivates miri
for ten-years is entitled to a title deed.
• Under Art. 68 of the O.L.C., miri which is left fallow
for three years (without valid reason) is subject toreallocation according to the rights of “tapou” (Art. 59
of the O.L.C., and Art. 16 of the Tapou Law). If it is
not reallocated in this manner, it becomes mahlul and
is auctioned off by the treasury.
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waqf waqf
• Property that has been “dedicated” for religious,
cultural, or charitable reasons.
• Waqf sahiha ( true waqf) – Dedicated mulk property.
Raqaba and tasarruf to the waqf, and the propetry is
subject to Islamic law (shari`a).• Waqf ghayr-sahiha ( sultanic waqf , or “untrue waqf ” ) –
Dedicated miri property. Raqaba to the treasury and
tasarruf and income to the waqf , and the property is
subject to the O.L.C. as miri .
• Every religious group has its own waqf which is
independently administered by its leaders.
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matrukamatruka
• Raqaba to the treasury.
• Land left for public use:
a) Land officially allocated to a village or town – grazing
land, granary, forest land, etc.
b) Land in the use of the undefined, general public –roads, markets, etc.
• No exclusive possession or use by individuals.
• There is no clause in the O.L.C. empowering thetreasury to assume possession of matruka.
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mewat mewat
• Unoccupied, vacant, typically rugged and
uncultivated land that has not been left for public use
and that is located far from the nearest town or
village (distance of a loud voice, 1.5 miles, or half-an-
hour).• Raqaba to the treasury.
• Under Art. 103 of the O.L.C., whoever “revives”
mewat is entitled to tasarruf and a title deed. After
revival, the land becomes miri .
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musha`musha`
• Not a legal category of land, but rather a
communal land holding system based on
periodic reallocation.
• Groups: village, hamula in one village or
spread over a number of villages, small
families, etc.
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Imperial Edicts
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(ind. 1832)
(1869)
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The Ottoman Position on JewishThe Ottoman Position on Jewish
Settlement in Eretz Israel/PalestineSettlement in Eretz Israel/Palestine• The Ottomans were aware of the Jewish situation in E.
European and the onset of Zionist activities in 1881.
• The government’s position stemmed from the two major
problems then facing the Empire at the time:
1) The rise of nationalist movements within the Empire andthe subsequent loss of territory.
2) The Empire’s relations with the European states:
- The desire to prevent foreigners (particularly
Europeans) from settling in the Empire.
Hovavei Tziyon was regarded as a Russian movement,
and this increased Ottoman opposition to Jewish
immigration to Palestine.
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Herzl and the Sultan (1896-1902)Herzl and the Sultan (1896-1902)
What did Herzl want from Sultan
Abdulhamid, and what did
Abdulhamid want from Herzl?
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The Dynamic of Ottoman Efforts toThe Dynamic of Ottoman Efforts to
Prevent Jewish Immigration to PalestinePrevent Jewish Immigration to Palestine
1. Prohibitions issued.
2. Jews petitioned European consuls.
3. European governments protest the infringement
on the rights of their nationals and foreignprotégés, guaranteed by the capitulations, and
pressure the Ottomans to rescind.
4. The Ottomans soften the prohibition.5. Jewish immigrants and organizations take
advantage of loop-holes to circumvent the law.
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Ottoman Measures againstOttoman Measures against
Jewish Settlement in PalestineJewish Settlement in Palestine
1881 – Jewish settlement prohibited.1883 – Foreign Jews prohibited from buying land in Palestine.
1884 – Jewish merchants and businessmen prohibited fromentering country. Pilgrims may enter for 30 days after payingdeposit.
1888 – Jews permitted to settle in Palestine individually.1891 – Russian Jews, and subsequently all foreign Jews,
prohibited from entering country.
1892 – Sale of miri land to all Jews prohibited (ban on local Jewseventually lifted).
1898 – Return to the policy of 1884, with extension to 3 months.
1900 – Instead of deposit, Jewish pilgrims surrendered their papers for 3-month visa.
1901 – Retroactive recognition of Jewish immigrants in Palestine,
but prohibited from assisting new immigrants.
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Land, Law and the ConflictLand, Law and the Conflict
towards the end of Ottoman Ruletowards the end of Ottoman Rule
• Clear government position against the
purchase of land by Jews.
• Laws against Jewish land purchases.
• Minor (but increasing) resistance against
Jewish land purchases among the
Palestinian felahin (peasant farmers).
• Despite all this, Jewish and Zionist
individuals and organizations succeeded in
acquiring land and establishing settlements.
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The Jewish Population in Palestine:The Jewish Population in Palestine:
1882-19081882-1908
1882 – 24,000
1890 – 47,000
1897 – 50,000
1908 – 80,000
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Reading for SundayReading for Sunday
Required
Alan Dowty: “‘A Question that
Outweighs All Others’ Yitzhak Epstein and
Zionist Recognition of the Arab Issue”
Recommended
Rashid Khalidi: “Palestinian Peasant
Resistance to Zionism before World War I”
Recommended