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Browsing History by Author "Amena Mahmoud Ibrahimm Abu Hatab"

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    Ownership During the Age of the Prophet Mohammad (Peace Be Upon Him)
    (2004) Amena Mahmoud Ibrahimm Abu Hatab; Dr. Jamal Judeh
    This study investigates the ownership during the age of the Prophet, Mohammad, Messenger of God (Peace be upon him). The research is divided into four chapters in addition to an appendix its sources and references. Chapter One: Islam and Ownership. In this chapter, the researcher studies the ownership and its forms of the Arabs of the northern and southern regions of Arabia at the eve of Islam introduction. Then the concept of money especially immovable property (i.e. real property) is investigated. Afterwards, the researcher discusses the Messengers stand of the ownership of those who converted into Islam, the real taxes imposed upon those properties. The Messenger did not recognize the pagans’ ownership of lands not even their bloods. This chapter is concluded by identifying the messenger’s stand of the ownership of non-Muslims including the Jews, Christians, and Magi. This stand took place at two stages: the first stage took place before conquering Mecca when the Messenger took hold of the Jewish properties either by fight or by surrendering without fighting according to the methods that the Jews decided to deal with the Messenger. The second stage took place after the conquest of Mecca and imposing the almsgiving when the Messenger was certain of the success of his state. Hence, the Jews and Christians were treated as the protected people (i.e. free non-Muslim people under the protection of Islam). By doing this, they conserved their ownership in return for paying Dane-geld for themselves and their properties. Chapter Two: Fief. This form of ownership comprised the largest and most important form of ownership at the time of the Messenger. There were many forms of fief at the time of the Messenger. He granted places for housing, unknown lands and waters, limited and known lands and water wells that were identified in various parts throughout Arabia. He also granted vast areas of lands in Syria before conquest for groups in various places, in addition o granting minerals for certain people, and granting movables from the treasury to various people. In this chapter, it has been concluded that the Messenger did not limit certain areas of fief. At the same time, those fiefs were for ownership not for exploitation. It should be noted that the Messenger granted those fiefs the tribes’ sheiks and lords on the one hand, and the businessmen of the Immigrants and the Supporters on the other. In this way, he confirmed the privatization principle in ownership. Chapter Three: Spoils and Loots. In this chapter, the researcher discusses the ownership that came from the lands of spoil and loots. In fact, they were the lands of the Jews in Medina, Khaiber, Fadak, and Wadi-el-Qura. The Messenger took hold of the Jewish properties of Bani-Nadheer, Khaiber and Fadak making him one of the largest Muslim property holders. Then, he granted his followers some pieces of Bani-Nadheer lands. He also granted the lands of Kateeba Fort to his relatives of Bani-Hashem and Bani Abdul-Mutaleb in addition to his wives, some of the Immigrants, and Arab groups. Finally, the researcher discusses in this chapter the ownership that developed after seizing the lands that Muslims looted from Bani-Quraitha, Khaibar, and Wadi-el-Qura. It is concluded in this chapter that the ownership of the Immigrants and the Supporters replaced the ownership of the Jews and finished them completely in Hijaz. Chapter Four: Protection, Held Charities and Land Reclamation. In this chapter, the researcher discusses the development of collective ownership at the time of the Messenger in addition to the various forms of private ownership including land reclamation, purchasing and inheritance. The Messenger confirmed the legitimacy of land protection for the tribes. In addition, he protected lands outside Medina for the charity livestock. In this respect, the Messenger decided that all people have common ownership in three things: water, grazing lands, and fire. New concepts of collective ownership developed in Islam: the held charities (endowments) which were originally private properties whose holders decided to endow them before their death for the benefits of their off-springs. Those properties should not be sold, granted, nor should they be inherited, but their products should be distributed among the inheritors of the dead endower. It seems that those collective properties comprised some form of descendant endowment. The researcher also discusses the form of ownership through land reclamation. The Messenger stated that whoever reclaimed a piece of land, he shall get hold of it. No doubt that this form of ownership was exclusive to Muslim businessmen since the reclamation itself needed vast financial potentials. This chapter is concluded by referring to ownership forms through land purchase and land inheritance though these forms were limited at the time of the Messenger.