AHMAD IBRAHIM KULLIYYAH OF LAWS

LAND LAW 1 - LAW 3110 SUPPLEMENTARY TUTORIAL QUESTIONS 2012

Topic: Islamic Land ownership and Malaysian Torrens System

1) With references to the Holy Quran and other relevant authorities, briefly explain

whether Islam recognises private land ownership.

2) Explain the essential characteristics of the Torrens system of title by registration.

Support your answer with reference to decided cases.

3) Discuss, with reference to decided cases, the extent of which Islamic principles of

land ownership has become part of Malay customary land tenure.

4) Explain the differences between the concepts of Iqta’ and Ihya’ under Islamic

principles relating to land ownership.

5) You are invited by a conference organizer, to share the Malaysian experience on the

development of the land system BEFORE and AFTER the coming of the colonial

powers into Peninsular Malaysia. Explain how the colonial powers have influenced

and changed the practices of the Malays under the Malay customary tenure.