£65.00 | $95.00
25 October 2006
234mm x 153mm
Development, Middle East, Politics
Land, Law and Islam
Property and Human Rights in the Muslim World
Siraj Sait and Hilary Lim
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 resources. 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 possibility of using Islamic legal and human rights systems for the development of inclusive, pro-poor 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.
This book is a cross cultural endeavour to promote global strategies for enhancing security of tenure in the Muslim World. This collaborative venture between UN-HABITAT, academics and civil society makes a vital and timely contribution to the Global Land Tool Network (GLTN) and other global campaigns.
Dr. CLARISSA AUGUSTINUS, Chief, Land & Tenure Section, Shelter Branch, UN-HABITAT
Is there such a thing as an “Islamic approach” to the land discourse and what would be its implications? This book addresses the gap in both the human rights and Islamic literature on land and property issues and therefore will be of interest to practitioners as well as academics.
Dr. NAZILA GHANIA, Senior Lecturer in International Law and Human Rights, University of London
The book challenges the stereotyped versions of Islam and its practice in Muslim communities. The findings of this research have been broadly endorsed by the most respected Islamic seat of scholarship, Al Azhar in Cairo, as well as civil society generally. It will contribute to the scholarship among land specialists, officials and professions as well as Muslim scholars, gender experts and development analysts.
MOHAMED ELEWA, Egyptian Diplomat
Table of Contents
Foreword by Anna Tibaijuka, UN Under Secretary General, Executive -Director of UN-HABITAT
1. RESEARCHING ISLAM, LAND AND PROPERTY
2. ISLAMIC LAW, LAND AND METHODOLOGIES
3. ISLAMIC LAND TENURES AND REFORM
4. ISLAM, HUMAN RIGHTS AND LAND
5. INHERITANCE LAWS AND SYSTEMS
6. MUSLIM WOMEN AND PROPERTY
7. THE WAQF (ENDOWMENT) AND ISLAMIC PHILANTHROPY
8. ISLAMIC CREDIT AND MICROCREDIT
Postscript; Bibliography; Glossary; Index
About the Authors:
Siraj Sait is a graduate of University of Madras (India), London and Harvard Law School and is Senior Lecturer in the School of Law at the University of East London. His expertise lies in the areas of human rights and development, immigration and asylum laws and Islam and the Middle East. He has held several key appointments in India including Supreme Court appointed Commissioner on Forced Labour, Legal Advisor to the Government of Tamil Nadu and State Prosecutor on Civil Rights. He has been a consultant for the UNHCR, UNICEF and UN-HABITAT. He has been closely associated with several NGOs, as a consultant for Minority Rights Group and as a trustee of the Commonwealth Human Rights Initiative. He is currently Legal Officer, Land and Tenure Section, Shelter Branch, UN-HABITAT.
Hilary Lim is a Principal Lecturer in Law at the University of East London, where she teaches land law, equity and trusts and child law. Her research interests are concerned with children's rights, land law and gender. Most recently she participated in a Dfid funded project to explore the role of land titling in poverty alleviation in peri-urban settlements under different land tenure regimes.
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