Land, Law and Islam Property and Human Rights in the Muslim World

by Sait, Siraj; Lim, Hilary

• ISBN13: 9781842778135
• ISBN10: 1842778137
• Format: Paperback
• Copyright: 2006-12-26
• Publisher: ZED BOOKS

Summary

In this pioneering work, Siraj Sait and Hilary Lim address Islamic property and land rights drawing on a range of socio-historical, classical and contemporary debates and their practice. They address the significance of Islamic theories of property and Islamic land tenure regimes on the "webs of tenure" prevalent in the Muslim societies. They consider the possibilities with Islamic legal and human rights systems for the development of inclusive, pro-poor and innovative approaches to land rights. They also focus on Muslim women's rights to property and inheritance systems. Engaging with institutions such as the Islamic endowment (waqf) and principles of Islamic microfinance, they test the workability of "authentic" Islamic proposals. Located in human rights as well as Islamic debates, this study offers a well researched and constructive appraisal of property and land rights in the Muslim world.

Author Biography

Hilary Lim is Principal Lecturer in Law at University of East London and Siraj Sait is Senior Lecturer in Law, University of East London and currently Legal Officer, Un-HABITAT, Nairobi Kenya.

Table of Contents

Abbreviations	vi
Acknowledgements	viii
Foreword by Anna K. Tibaijuka, UN Under-Secretary-General, Executive-Director of UN-HABITAT	x
1 Researching Islam, Land and Property	1
2 Islamic Law, Land and Methodologies	29
3 Islamic Land Tenures and Reform	54
4 Islamic Human Rights and Land	80
5 Inheritance Laws and Systems	107
6 Muslim Women and Property	129
7 The Waqf (Endowment) and Islamic Philanthropy	147
8 Islamic Credit and Microfinance	174
Postscript	202
Bibliography	205
Glossary	225
Index	234