diterbitkan oleh UN Habitat bersama UEL dan Global Land Tool Network, 2011
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1. islamic principles and land Opportunities for
Engagement
2. 2 / Islamic Principles and Land Islamic Principles and Land:
Opportunities for Engagement Copyright United Nations Human
Settlements Programme (UN-HABITAT), 2011 United Nations Human
Settlements Programme (UN-HABITAT) P.O. Box 30030, Nairobi 00100,
Kenya Tel: +254 20 762 3120 Fax: +254 20 762 3477 www.unhabitat.org
Disclaimer The designations employed and the presentation of the
material in this publication do not imply the expression of any
opinion whatsoever on the part of the Secretariat of the United
Nations concerning the legal status of any country, territory, city
or area, or of its authorities, or concerning delimitation of its
frontiers or boundaries, or regarding its economic system or degree
of development. The analysis, conclusions and recommendations of
this publication do not necessarily reflect the views of the United
Nations Human Settlements Programme or its Governing Council. Cover
photos UN-HABITAT/ Britta Peters Acknowledgements Principal
authors: Siraj Sait, Britta Peters Contributors: sa Jonsson,
Solomon Haile Editing and layout: Robert Wagner, Britta Peters
Sponsors: Norwegian Government, Swedish International Development
Cooperation Printer: Publishing Services Section, Nairobi, ISO
14001:2004 - certified.
3. Opportunities for Engagement /3content1. Background 42. Why
Islamic principles are relevant to land 63. Islamic law as it
applies to land 74. Key elements of Islamic principles on land 85.
How Islamic principles can be applied to land 146. Conclusion 217.
Glossary 22
4. 4 / Islamic Principles and Land 01 background Pages from the
Holy Quran UN-HABITAT UN-HABITAT, as the global UN agency The
Global Land Tool Network for sustainable human settlements, (GLTN),
with its secretariat at the Land engages with different regions and
Tenure and Property Administration diverse legal systems. During
its work Section, Shelter Branch, UN-HABITAT in many Muslim
countries from is a multi-sector and multi-stakeholder Afghanistan
to Indonesia, and Somalia partnership focused on establishing to
Iraq, UN-HABITAT has been a continuum of land rights and the
increasingly aware of the significance creation of innovative,
pro-poor, scalable of the distinctive and complex Islamic and
gender-sensitive land management land tenure concepts and land
rights. and land tenure tools (www.gltn.net).
5. Opportunities for Engagement /5It achieves these overall
goals through land, as highlighted in the above twoa range of
activities such as promoting publications. It is intended for
landresearch and disseminating materials professionals, policy
makers, and anyon land, supporting documentation other stakeholder
working in the landof tools and best practices, developing sector,
who are looking for a shortinnovative methodologies and overview of
these aspects of land inapproaches, organizing workshops Muslim
societies. It is intended toand consultations, facilitating a
provide a wider understanding of howwide range of stakeholder
inputs to integrate Islamic dimensions intoand strengthening
capacity through land programmes and projects.training. GLTN
recognizes the demandfor targeted tools, including culturallyor
religiously formatted tools, as thereare many positions and
approaches toconceptualizing and delivering securetenure and access
to land.This booklet arises from GLTNswork on Islamic dimensions of
land.This work began in 2004 with thecommissioning of research
leading toSait and Lims Land, Law and Islam:Property and Human
Rights in theMuslim World (London: Zed Press/UN-HABITAT, 2006)
which wasendorsed by leading non-Muslim andMuslim stakeholders,
including theseat of Islamic scholarship, the Al-Azhar in Egypt.
Based on this researchpublication, a training course on
IslamicLand, Property and Housing Rights in theMuslim World, was
produced in 2010by GLTN in cooperation with theUniversity of East
London.This booklet provides a shortsummary of the key principles
andelements of Islamic dimensions of
6. 6 / Islamic Principles and Land 02 Why Islamic principles
are relevant to land Over 20 percent of the worlds Muslim society
as a whole, they can be population is influenced to varying
influential in promoting land access and degrees by Islamic
principles and re-distribution for marginalized groups. practice,
either through official systems There are also distinctive Islamic
or informal practices. Among other approaches to land
administration, areas, Islamic principles are impacting urban
planning, and land-related on land and property. But despite the
aspects of micro-finance. Further, wide geographical spread and
relevance there are a number of instances where of such principles,
they are often not Islamic principles and practices relevant
sufficiently documented and aligned to land are similar to widely
accepted with informal and statutory systems. universal approaches
and can therefore This impacts land management systems be used to
enhance tenure security, land as well as security of tenure across
the use planning and land management. Muslim world. Understandably,
traditional Islamic practices have not foreseen the extent Land
systems and tenure approaches or nature of todays intractable land
around the globe rarely acknowledge issues and challenges and
purely that several Islamic principles potentially Islamic
solutions may not always offer opportunities for enhancing provide
a complete and contemporary property rights. Just as with customary
model. But there are aspects of Islamic and informal land rights,
there is a need principles, mechanisms and processes to better
understand these approaches that may provide legitimacy for certain
in order to get a more complete picture land interventions as well
as durable on how land is managed in different solutions. contexts.
Islamic principles and practices influence many aspects of everyday
life in Muslim society. This includes the perception of property
and land rights. Since Islamic principles are based on an
obligation towards God and the
7. Opportunities for Engagement /703Islamic law as it applies
to landThere is no single unified and systematic respective
jurisprudential schools, havefield of Islamic land law. However,
those established different methods in, forworking with Muslim
communities instance, the allocation of inheritancerecognize key
features drawn from shares. This legal pluralism,
particularlyvarious Islamic fields relating to land. the
intersection of Islamic, customaryProtection of property rights in
general and statutory norms, is a feature ofis recognized in
Islamic law (Sharia) as Muslim countries.a priority and state
policy must operateto promote it. Islamic law is thereforean
important factor influencing landtenure in Muslim societies.
Whetheror not their states officially implementIslamic principles,
land tenure regimesand concepts are generally constructedand
realized with reference to theSharia.Muslim countries across the
regionsshare common values and morality butalso demonstrate
diversity in applyingIslamic law through different
methods,mechanisms and legal practices. Itis, therefore, important
to note thatIslamic principles relevant to land arenot necessarily
the same throughoutthe Muslim world, and may vary evenwithin
countries.In contexts where the holy Quran, oneof the primary
sources of Islamic law,does not provide clear instructions,Shia and
Sunni Muslims, and their UN-HABITAT
8. 8 / Islamic Principles and Land 04 Key elements of Islamic
principles on land Islamic principles offer a range of rights, use
and possess land. In principle, values, practices and methods which
the rights to land are linked to land use are relevant to land and
which are and the person who uses the land has still of importance
in modern Muslim priority over another who has failed to societies.
This section introduces some use it. Land that is not being used
can key elements of these principles. For consequently not be
owned. Following any application of these principles the same
logic, only productive land in land projects and programmes it
should create wealth. will, however, be important to first identify
the Islamic principles utilized in local or country context and to
localize any approach building on these In Al-Madinah, Saudi Arabia
principles. As with any land activity the concept of linking land
development and implementation there rights to land use was
important would also be a need for consultations in legitimizing
large scale between representative groups of modern squatting.
Occupiers land professionals, civil society of unused and unclaimed
land Islamic scholars, policy makers and built fences and/or
shelters on it development partners, amongst others. and viewed
this as part of their Land and property rights legal and social
tradition. This squatting led, after appropriate There are
references to land in the investigations by local courts Quran. The
Quran, for instance, into whether the land was in stresses the
importance to respect fact unused, to registration of private
property rights, but makes clear the land in the names of the that
the earth belongs to God and those occupiers. who enjoy the
benefits are accountable to God. There is some theoretical or
philosophical debate as to whether land itself can be owned, but
little dispute that there are Islamic rights to
9. Opportunities for Engagement /9Contemporary land tenure
regimes in endowed land (waqf) which isthe Muslim world are often a
complex, property permanently settled fordynamic and overlapping
net of Islamic the use of beneficiaries, either forprinciples,
state and international legal specific purposes or devoted
toframeworks, customary norms and general welfare; and,informal
legal rules. However, traditional unused or dead land (mawat)
thatprinciples have remained important in can be converted into
private landmany countries, despite variations in through
reclamation.their socio-cultural particularities andhistorical
development of their land There are other classifications of
landtenure practices. The term Islamic land such as unused state
land liable to betenure recognizes that these tenure confiscated
(mehlul) as well as commonsystems ultimately, if indirectly, have
land (metruke). Communal landreligious foundations. Nigeria, for
(musha) and other forms of collectiveinstance, is a country with
such a legal ownership are also recognized.pluralism where secular
laws compete Unlike freehold under the Westernwith customary
(uncodified) and concept, land in full ownership (mulk)Islamic laws
(codified). faces one barrier in regard to transactionTenure types
through sale: the pre-emption (shuf a) gives co-inheritors or
neighbors a privilegedFour main types of land tenure emerge option
to purchase the land when it isfrom Islamic legal texts and were
for sale. This process can keep strangersrecognized in the Ottoman
Code of to communities on the outside while1858, a codification of
Islamic land it can limit or prevent certain kindsprinciples: of
economic development that may ensue from external investment. Many
land in full ownership (mulk) which customary land systems in
Africa and is sometimes translated as full elsewhere used to
follow, and some still private ownership or in Western apply, such
practices. terminology as freehold; state-owned land (miri) which
the state owns as a representative of God and in the trust of the
community of Muslims and under which a range of access and usufruct
rights for individuals can be created;
10. 10 / Islamic Principles and Land access to land aspects of
Islamic principles for specific population groups One of key
religious obligations for Muslims is compulsory charity (zakat)
There are elements of Islamic principles which recognizes landless
people as a pertaining to specific groups of the primary
beneficiary group. As described population that are important to
above, all land belongs to God and acknowledge, since they are not
only may only be used and cultivated by sacred rights but
obligations owed humans. In this sense, land ownership to God
aiming to achieve equitable must be just and in line with the
overall distribution of wealth and rights for all. social
responsibility of Muslims. As a result Islamic principles include
land Women rights for a broad range of potentially Muslim women,
like women in non- marginalized groups, including women, Muslim
societies, face significant children, people who are landless and
obstacles in accessing land rights. minorities. However, Islamic
law provides a range Land ownership is fragmented in of rights to
property to Muslim women, many Muslim countries, often with for
instance the right to acquire, hold, one individual holding small
parcels of use, administer, inherit and sell property land in
multiple tenures. The reasons including land. A Muslim woman does
for this are twofold: firstly, land is not loose her property
rights when she mostly accessed through complex marries and may
purchase property combinations of interrelated tenure using her
earnings or the gifts she may relationships due to the parallel
receive from her or her husbands family existence of Islamic
principles, or on what she may enjoy as beneficiary colonial
legacies, custom, informal and of an endowment. statutory norms.
And secondly, Islamic Even though the Quran states that inheritance
rules allocate fixed specified women and men are each others shares
to a number of individuals guardians and mutual protectors, it is
within the deceaseds extended family. often interpreted
conservatively and This is the case in Indonesia, where land used
to justify male superiority. The fragmentation due to fixed
inheritance resistance to gender equality is further rules often
leads to co-ownership and based on the fear that equality would
co-tenancy, though shares are fixed and undermine family and social
dynamics. in individual names.
11. Opportunities for Engagement /11 Muslim women do access the
legal Under Indonesian law both system, whether customary, Islamic
women and men have equal (Sharia) or state courts. Family courts
rights to acquire and own are being promoted in several Muslim
land. The law also states that countries, including Morocco and all
property jointly acquired in Egypt, which are designed to be less
the course of a marriage should legalistic and to encourage a
mediation be registered in both husbands approach. and wives names
and calls for registration of all land. But In Morocco a new
Moudawana in practice, only 25% of land Moroccan Code of Personal
parcels have been registered, and Status was introduced in only
between 20-30% of the 2004. Its objective was to free registered
land is registered in the women from the injustices they names of
women, 65% or more endure, to protect childrens in the names of men
and only rights, and to safeguard mens 4-5% in multiple names. The
dignity within the spirit of most common reasons for limited Islam.
The reforms in the joint titling are lack of awareness Moudawana
offer substantial of the possibility of joint names changes to the
formal status and the customary practice to of women and are to a
degree list the husband as head of the supportive of the nuclear
family. married family. It envisages joint decision making
betweenAll Muslim governments have not husband and wife as well
ascommitted themselves explicitly to joint ownership of
propertygender equality on all fronts. However, within marriage
whileon the ground, there are major changes the previous version of
thein the way women are able to assert Moudawana had still
beentheir rights, autonomy and freedom identifying female citizens
as- without necessarily undermining minors unable to enter
intoIslamic or socio-cultural values. marriage contracts on their
ownWomen in general have restricted access and needing to be
representedto courts or legal assistance. However, by a guardian or
tutor until theif they have the opportunity, many husband took
over.
12. 12 / Islamic Principles and Land Children and youth
Minorities Childrens and youths access to land One of the general
concerns about and housing is often ignored in traditional legal
systems, such as Islamic Muslim countries as in others on the law,
which are based on religious assumption that the family will
provide principles, is the rights of minorities. for their needs
and that property rights Minority status can add further risk are
almost exclusively an adult concern. to already marginalized groups
such as However, conflict, displacement and women, children and
refugees. Forced HIV/Aids often result in the loss of evictions
are, for instance, more likely family protection and consequently
to target minorities who are often rights to land and property.
voiceless. The Quran recognizes child and youth In theory, the
Quran guarantees non- rights in several dimensions and can, Muslim
minorities who live in an therewith, strengthen the position of
Islamic State inviolable protection of vulnerable children. It
assumes divine their life, property and honor in exactly
responsibility for the creation of the same manner as Muslims.
However, every child, recognizes the life of the in practice
non-Muslims and Muslim unborn and prohibits parents to kill
minorities do not always have access to their children. It
emphasizes the equal full land rights and face discrimination.
preference of both sexes by criminalizing A clearer reading of the
Quran and the practice of female infanticide. the Islamic law could
pave the way for Islamic understanding of child rights, enhanced
property rights for minorities. further, contains several strengths
such as the rights of orphans. Most Muslim countries have ratified
the 1989 Convention on the Rights of the Child and support its
child-centered guarantees and rights.
13. Opportunities for Engagement /13Migrants and displaced
persons for Muslim States due to its exclusion of Palestinian
refugees. However, theMigrants and displaced persons are
Organization of Islamic Conferenceamong those most defenseless in
regard (OIC) emphasizes that Islam laidto land grabbing, forced
evictions the foundations for the institution ofor exclusion from
access to land and asylum in its public law through thehousing.
Refugees who are considered holy Quran and the Tradition and thatas
illegal immigrants have only limited respect for migrants and those
seekingrights even though some may have lived refuge has been a
permanent feature offor decades in refugee camps within the Islamic
faith.a certain country. Equitable access toland and housing and
protection of Internally displaced persons, notproperty rights
would, however, be addressed in the 1951 Conventioncrucial for
their search for permanent on the Status of Refugees, are
mostsolutions such as voluntary return to at risk of losing their
land rights.the home country, integration in the However, Islamic
law, if interpretedhost country or relocation to a third and
implemented according to itscountry. principle of equity, has the
potential of strengthening land rights for internallyThe 1951
Convention on the Status displaced persons and other vulnerableof
Refugees, which has over 150 State sections of society in the same
way as forratifications, has been controversial refugees and
migrants. UN-HABITAT
14. 14 / Islamic Principles and Land 05 How Islamic principles
can be applied to land The elements inherent in Islamic in Islamic
literature. The concepts of principles which are relevant to land
justice (adl) and consultation (shura), can have several practical
implications. embedded in Islamic consciousness and Islamic legal
practice with its emphasis administrative practice over centuries,
upon partnership and community are highly influential. welfare has,
for instance, the ability to respond creatively to the needs of the
Under Islamic theory, the role of urban poor. Similarly, the
pro-poor the State is to supervise land, which approach and the
egalitarian principles ultimately belongs to God, for the that are
integral to an Islamic way benefit of the community. The State is
of life may legitimize and support mandated to administer land,
efficiently modern land readjustment and slum- and fairly, in
accordance with Gods upgrading strategies. This is not to say laws
and ethical and moral principles. that there should be a preference
for In reality, there exists no ideal Islamic religious discourse
over universal or State. The general trend is that Muslim secular
land approaches, but rather to States selectively adopt Islamic
principles suggest a pragmatic strategy/approach according to their
interpretation. But at where Islamic land principles may a policy
level, a State following Islamic complement, and offer authentic
land principles has not only the authority solutions in some
contexts. but also the obligation to orientate its land policy
towards the benefit of the Land management community. The problems
many Muslim countries One of the biggest challenges for land face
in land administration are not administration is the development of
exceptional to the Muslim world appropriate land information
systems or different from other regions but which can provide the
necessary often arise out of misuse of limited information with
regard to land rights, resources, inefficient structures and use
and value. Land information system a democratic deficit.
Accountability, is not an exclusively Western concept particularly
against misuse of power but an integrated part of many Muslim and
corruption, is repeatedly stressed societies. Especially in the
Ottoman
15. Opportunities for Engagement /15period, land registration
systems entitled to inherit, given fixed sharesflourished and
contained, for revenue and cannot be disinherited, except
inpurposes and resolving land disputes, extreme circumstances such
as causingall available land-related information. the death of the
deceased. In a simpleToday several countries, like Jordan, case an
estate will be shared betweenAlgeria and Morocco, are working the
deceaseds parents, husband oron establishment and extension of
wife, and children. A surviving parentland information systems,
often with will receive one-sixth of the estate, theinternational
support. Several other surviving spouse one-eight (a wife)countries
such as Yemen have received or one-quarter (a husband), with
theextensive support for land titling balance shared between the
children,processes. The successes of these projects with sons
receiving twice the share ofvary and Muslim countries have diverse
daughters.attitudes towards cadastre or titling butthere is nothing
in Islam restraining Islamic inheritance principles, hence,these
attempts. do not give the same freedom to decide where property
will devolve upon deathinheritance rights as some other systems.
However, it is possible for individuals to pass on upInheritance is
one of the most detailed to one third of land and other
propertyfields of Islamic law, providing for the through a will
(wasiya) and therewithcompulsory division of an individuals play an
important role in providingproperty upon death. The inheritance for
vulnerable children not beingrules are derived from the
Quran.Generally, not all land is subjectto Islamic inheritance
rules. While One example of the importantland held in full
ownership (mulk) is role communal or tribal landinherited according
to Islamic law, previously played was mushaaccess and usufruct
rights to state land (Arabic for shared) land, found(miri) are
traditionally inherited outside mostly in rural agriculturalIslamic
inheritance rules. contexts, notably in Palestine. The musha system
involved aQuranic heirs or sharers (mother, periodic reallocation
of shares offather, husband, widow, daughter, son,full/half brother
or sister, paternal/ arable land amongst members ofmaternal
grandfather and other relatives a village who held the land infrom
the fathers side) are, when common.
16. 16 / Islamic Principles and Land among the Quranic heirs
like orphaned endowment (waqf) grandchildren, adopted children and
children raised within families without Islamic endowment (waqf) is
a highly sharing a blood relationship with the significant legal
mechanism and a key family members. Islamic institution. Under the
waqf an owner permanently settles property, its Despite the fact
that women often usufruct or income, to the use of the receive
lesser shares than male relatives general welfare or for the
benefits of in a similar position, inheritance is an certain groups
or even family members. important source of access to land for
women, who have smaller but specific Over time the waqf has
involved the rights to fixed shares under the Islamic contributions
of hundreds of rulers, inheritance rules. thousands of families and
millions of ordinary citizens and once amounted to Islamic
inheritance law may result one third of the Islamic Ottoman Empire.
in uneconomical land subdivisions. Several factors, both economic
and Due to excessive fragmentations that political, led over the
last century to the compliance to inheritance practices decline of
the waqf. Modern states, such entails, land holdings of individuals
as Egypt, abolished or severely limited or families can become too
tiny to the waqf in the name of land reforms, allow profitable land
based economic particularly the family endowment. engagement and
adequately support Elsewhere, as in India, the waqf was gainful
livelihoods. There is no nationalized, with the land brought under
minimum threshold below which rights the control of specific
ministries or boards. or the land itself may not be sub-divided and
this leads to uneconomic holdings However, there is growing
contemporary both in physical as well as legal sense. interest in
the revival of existing Islamic endowments and new endowments Such
an undesirable consequence of adapted to modern management and
inheritance is minimized where local regulatory frameworks. There
is support customs and practices allow land among Islamic
communities for the idea readjustment or group or communal of waqf
at local, national and international ownership. levels since it has
the potential to enhance security of tenure for the urban poor. New
waqf could, for instance, be created to help in land
redistribution, strengthening civil society and supporting
effective housing microfinance.
17. Opportunities for Engagement /17 In Malaysia waqf plays an
important social and economic role. However, thousands of acres of
waqf land are currently vacant or underutilized, primarily because
they are unregulated or detached from the reality of market forces.
But there are also several cases of good practice where waqf land
is leased at market price to investors and the income is used to
finance access to land and development of urban poor communities.
Despite relative advances in the Malaysian land administration
system to engage with waqf properties, waqf needs more attention
and integration into the system, particularly in terms of land
information. A full survey is a daunting task given the scale of
the endeavour. There are also issues like the recognition,
measurement and valuation of waqf assets. The limited monitoring
and control, in addition to an absence of proper accounting
standards, is being addressed by the State Islamic Religious
Council to improve performance of waqf. An accountability and
responsibility matrix is being proposed to ensure proper systems
are in place.dispute resolution The Muslim judge (qadi) balances
the rights and duties owed to God withThere is a great variety of
legal institutions the rights of individuals. Often theas well as
individuals implementing qadi has to deal with non-Islamic
lawIslamic law: Muslim judges (qadi), or a combination of Islamic
and non-administrative offices such as an Islamic norms. It cannot
be assumedombudsman (muhtasib) and informal that a judge in an
Islamic legal systemlegal authorities such as the mufti will only
refer to Islamic legal principles,providing advisory opinions
(fatawa, particularly on matters such as a landsingular fatwa).
Their roles often contract, since laws relating to socialoverlap
sometimes leading to tensions. relations, such as property
relationships,Most Muslim countries with their legal have both
religious legitimation andpluralism have modern hybrid dispute
secular aspects.resolution mechanisms but Islamicprinciples and
methodologies are still The idea of an ombudsman, with broadoften
influential. oversight and a defined mandate, which has worked in
many modern contexts,
18. 18 / Islamic Principles and Land has its roots in the
Islamic framework. These traditional ways of managing,
Traditionally, the Islamic ombudsman reducing and resolving
conflicts (muhtasib) was in charge of promoting remain important.
For example, within both a just society and an efficient
contemporary local development market economy and functioned like
projects in Lebanon, mediation (wasta) a market inspector, chief
public health is observed as a continuing practice officer,
receiver of complaints and land of social exchange and face-to-face
use enforcer. However, the institution contacts in dispute
resolution. of an ombudsman has declined over the last centuries
but could be made islamic microfinance effective again in
contemporary Muslim Islamic financing principles emerge societies.
from a broader economic ideology and Islamic legal opinions
(fatawa) distinctive values that are based on consist of a formal
advice or response achieving a just and equitable society. to a
question asked by an ordinary The Quran welcomes good trading
person and issued by someone who is practices but is also conscious
of people considered knowledgeable on a certain who are unable to
trade or engage point of Islamic law. Even a state can in
commercial activities and praises seek religious advice on or
endorsement charitable acts towards the poor. Quest of a
controversial position from a well- for possession and profit is,
in contrast, regarded authority. only allowed as a means for
providing livelihood and not as a goal in itself. In the past,
disagreements and disputes were either settled through the Islamic
microfinance is generally community or through formal legal
understood as lending by Micro Finance procedures; lawyers were not
required Institutions which is in compliance for this purpose.
Concepts of mediation with Islamic law and Islamic economic or
conciliation are found in the Quran principles, particularly the
prohibition and include conciliation (sulah), where of interest
(riba). Since microfinance, the believers are called upon to settle
including land and housing micro- their disputes outside court and
in credit, is a growing industry worldwide, mutual agreement,
mediation (wasta), Islamic microfinance is also expanding. when
compromise is not possible, as The traditional banking sector has
well as the more formal arbitration been designed to meet the needs
of (tahkim). middle- and upper-income clients and is therefore not
accessible, appropriate
19. Opportunities for Engagement /19or affordable for the
majority of the finances to access land for those sectionsurban
poor. Microfinance institutions, of society, particularly women,
whoin contrast, provide financial services are traditionally
excluded from credit.including credit, savings, cash transfers
Evidence also shows that when lendingand insurance to individuals
excluded to women, the impact can lead notfrom or ignored by the
conventional only to improvements in their and theirinstitutions.
One well-known and very families economic status but also
thesuccessful example is the Grameen Bank wider empowerment of
women.in Bangladesh, established in 1976 toprovide small
collateral-free loans tothe rural poor for productive enterprise
Launched in 1997, Hodeidahpurposes. is currently the third largest
microfinance programme in A 2004 report on microfinance Yemen. It
serves very poor in the Arab world finds that clients along the Red
Sea the region has seen a significant coast by providing credits
for improvement in terms of entrepreneurial activities using
outreach to women borrowers. a two-stage purchase and resale Up
from approximately 36 mechanism, with a fixed service per cent of
borrowers in 1997, charge and repayment schedule women currently
make up 60 determined in advance. About per cent of all clients in
the 80% of the clients are women region. Grameen in Bangladesh, who
participate in group Micro Fund for Women, in lending with an
outstanding Jordan and Hodeidah are few average loan balance of
25US$. success stories of innovative Hodeidah reached a total of
schemes run by women for 3,900 clients in March 2008 women though
not always and is based on Islamic financial based on Islamic
principles. values, which expands its potential clientele, because
many Yemenis feel reluctant to acceptIslamic microfinance, which is
normal loans due to religiousimplemented in compliance with
reasons.Islamic law and Islamic economicprinciples, can provide
access to
20. 20 / Islamic Principles and Land slum upgrading overcrowded
inner-city slums that tend to fall outside the net of the general
finance Muslim cities generally face similar industry. Effective
housing microfinance urbanization issues as other cities programmes
which are following Islamic including concentrations of informal
principles and ethics could, for instance, settlements. Slum
upgrading programmes facilitate the purchase, construction and are
underway in several Muslim countries. improvement of homes, the
installment The pro-poor and participatory of basic services or the
funding of land- approaches of Islamic principles as well titling
processes. as innovative Islamic finance products could stimulate
slum-upgrading The Slum Upgrading Facility processes. Such
processes would also (SUF) at UN-HABITAT has benefit from Islamic
principles support pilot projects in Indonesia and for the elements
of land sharing, Tanzania (where there are readjustment,
regularization, simplified Muslim majorities) as well as planning
and improved taxation. Islam Ghana and Sri Lanka (with also
recognizes collective rights which Muslim minorities). SUF offer
flexible arrangements. works with local actors to In particular,
the rights of landless make slum upgrading projects poor,
slum-dwellers and squatters could bankable that is, attractive be
addressed through redistribution to retail banks, property or
revival of mawat (dead) land or developers, housing finance
optimizing Islamic endowment (waqf) institutions, service
providers, land. In the Islamic welfare State, the micro-finance
institutions, public treasury (bait-ul-maal) has a and utility
companies. A specific mandate for poverty alleviation, women-led
initiative in redistribution and support of the Ghana, for
instance, has been landless and is expected to fund access
supported in negotiating with to land for the landless poor. the
Metropolitan Assembly to Islamic finance, with its prohibition
manage the construction of new on usury (interest) and its pro-poor
market facilities, that the women emphasis, could benefit the
poorest would finance through a bank of the urban poor, including
squatters loan, and also be exempted from on remote or unutilized
land and paying standard taxes and fees those living in rental
arrangements in during a period to be negotiated.
21. Opportunities for Engagement /2106conclusionThis booklet
identifies some of the key them compatible with local
practicesIslamic principles, values and practices and
interpretations of the Quran,influential in supporting wider access
to other sources of Islamic law and alsoland and security of
tenure. Though these statutory systems. The extent to whichconcepts
are rooted in individual faith, Islamic principles need to be
applied tothe reasons for considering them are a particular setting
differs between andpragmatic. There are numerous useful among
contexts. Islamic best practicesprinciples which could be harnessed
to with respect to land may well providerealize the universal and
Islamic goals large or small components of successfulof fair,
equitable and sustainable land land policies in the Muslim
world.rights. Like customary norms, theseprinciples have both the
legitimacy The Global Land Tool Networkand ownership of indigenous
principles (GLTN) has initiated the Islamicand are at the same time
evolving and Mechanism as a potential value-adaptable to modern
challenges. The addition approach to land strategies ingap between
Islamic theory and practice the Muslim World, but the area is
underis being addressed by Muslims and non- researched and existing
best practicesMuslims the world over. are not fully documented.
Therefore, GLTN welcomes ideas, experiences andThe purpose of
understanding and inputs into this promising area of
thedisseminating knowledge about Islamic global land agenda.land
systems is not to promote Islamiclaw. Rather, it is to sensitize
those whowork in Muslim countries on the rolethat some of the
Islamic land andproperty principles and practices play inimproving
access to secure land tenure.It goes without saying that issues
raisedin this publication and good practicesrecognized need to be
cultivated/promoted with a view to making
22. 22 / Islamic Principles and Land 07 glossary term meaning
Adl Justice, one of the fundamental concepts in the Quran Al-harym
Protected zone for environmental protection Amanah Trust, such as
land held in trust by humans on behalf of God Awqaf Plural of waqf,
Islamic endowment Bait-ul-mal State treasury for welfare, also a
mechanism for managing charitable funds Fatwa Formal advice from a
competent authority (mufti) on a point of Islamic law or dogma,
given in response to a question (plural, fatawa) Hima Special
reserves, for example, those established by the State for use as
conservation zones Hisbah Islamic institution or ombudsman for
enforcement of public interests Iqta Grants of land by the State,
for example for land reclamation or development Mawat Dead or empty
land, which can be reclaimed or revived Mehlul Land left
uncultivated Metruke Public land for general use such as markets,
parks and places to pray Miri State land Mufti Theologian who is
competent to issue an advisory Islamic legal opinion (fatwa) in
response to a specific question Mulk Land in full ownership Musha
Communal land Muhtasib Ombudsman
23. Opportunities for Engagement /23term meaningQadi Judge in
an Islamic courtQuran Sourcebook of Islamic values and the primary
source of Islamic law (Sharia)Riba Usury, the Islamic prohibition
of interestSalah Prayer or worship performed five times a day by
MuslimsSharia Islamic LawShia Minority branch of the Muslim
community which claims the Prophet named Ali as his successorShura
Concept of consultation discussed in the Quran, relevant in the
context of democracy in IslamShufa Preemption, a barrier upon the
free disposal of land and the means by which a co-inheritor, or in
some cases a neighbor, may use a privileged option to purchase land
when it is for saleSulah Conciliation, an Islamic dispute
resolution technique which requires compromise between two
partiesSunni Largest group within the Muslim community, who
believes that Prophet Muhammad died in 632 AD without choosing any
successorTahkim Arbitration, an Islamic dispute resolution
technique which involves a mutually acceptable arbitratorWaqf
General term for charitable endowment, also habous in North
AfricaWasta Mediation, an Islamic dispute resolution technique
whereby one or more persons intervene in a dispute either of their
own initiative or at the request of one of the partiesWasiya
Islamic willZakat Charitable obligation for Muslims
24. About this publicationThis booklet arises from GLTNs work
on Islamic dimensions of land which beganin 2004 with the
commissioning of research leading to Sait and Lims Land,Law and
Islam: Property and Human Rights in the Muslim World (London:
ZedPress/UN-HABITAT, 2006). Based on this research a training
course on IslamicLand, Principles and Housing Rights in the Muslim
World has been producedin 2010.The booklet provides a short summary
of the key principles and elements ofIslamic dimensions of land. It
is intended for land professionals, policy makers,and any other
stakeholder working in the land sector, who is looking for a
shortoverview of these aspects of land in Muslim societies. It is
intended to provide awider understanding of how to integrate
Islamic dimensions into land projectsand programmes.UNITED NATIONS
HUMAN SETTLEMENTS PROGRAMMEShelter and Sustainable Human
Settlements Development DivisionShelter Branch (UN-HABITAT)P. O.
Box 30030, Nairobi 00100, KenyaTel: +254 207623120;Fax: +254
207624266Website: www.unhabitat.org