Munich Personal RePEc Archive

Kharaj and land proprietary right in the sixteenth century: An example of law and economics

Islahi, Abdul Azim (2006): Kharaj and land proprietary right in the sixteenth century: An example of law and economics. Published in: Journal of Objective Studies , Vol. 19 - 2, No. 1 - 2 (31. December 2008): pp. 29-44.

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Abstract

Kharaj (land-tax) has been a controversial subject since the formative period of Islamic jurisprudence. It is said that Muslim jurists have been very conservative while dealing with the subject of kharaj. But this is wrong perception or opinion. The Controversy have mainly been revolved around the kharaj-payer's relationship with the land he owned or cultivated. This nature of relationship was necessary, for in circumstances it alone determined what to do with the kharaji land. A host of problems surfaced over the centuries and the Muslim jurists dealt with them differently. The later jurists, specially during the Ottoman period, face situations which did not exist in early period. So they were compelled to develop their own thoughts over a number of issues and in so doing they had to differ from their predecessors. It may, therefore, be argued that the Islamic law on kharaj has never been rigid and static.

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