The Land Code of (Arazi Kanunnamesi) was the first milestone in the movement toward legalization of private land ownership. It was preceded by the Tapu. The Ottoman Imperial Land Code, which was promulgated on 6 June , was ve Tarihyazimi: Osmanli Arazi Kanunnamesi’ne Yönelik Yaklaçimlar’. sarsan asıl dönüşümlerin tohumları Tanzimat Fermanı ve tarihli Arazi Kanunname- Bu gerekçeyle Arazi Kanunnamesi’nin birinci maddesi Osmanlı .

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As the harbinger of private property in Ottoman realm, the Land Code of mostly made smallholder peasants cultivating state-owned lands owners of their possession.


In this vein, the Land Code can be said to have facilitated the emergence raazi large-scale landholding patterns starting from the early s. In this sense, while most of the scholarly discussion entertains the notion of private property within a dichotomy of state-owned and freehold property, thus failing to offer about actual views of possessors, the present study demonstrates that the making of private property was not a straightforward process, but rather a complicated one with many actors including state officials, the Kurdish emirs, and local notables in the countryside.

Inas a measure of reform, the Mandate Government of Palestine began to apply an Ordinance for the “Commutation of Tithes,” this tax in effect being a fixed aggregate amount paid annually. In Syriapowerful local families had obtained malikane grants and ruled almost unchecked from the eighteenth century.

Noting the preceding reforms of the Ottoman government, Jorgens, in a rather recent study, maintains the continuity view, stating that the ode also ep ese ted a o ti uatio of the classical Ottoman system of landholding, which sought to maintain state ownership of arable land and at the same time to consolidate and strengthen the rights of the actual cultivators on la ds Jorgens, Co fusio i the Cauld o: American University of Beirut As this study demonstrates, after three-centuries of inherited possession, it was clear that the Zirki emirs no longer perceived the lands in their possession as state-owned property.

In Palestinefor example, in the hilly country surrounding Jerusalempeasants did register land in their own names, and a survey of property records did not find a single case of a city notable or moneylender registering land. Even though tribal presence of the Zirki emirs begs future research, it was evident that the second case was applicable to the case in Hazro and Mihrani.

Land collectively owned by village residents was registered in the name of a single landowner, with merchants and local Ottoman administrators registering large stretches of land in their own name.


With respect to the abolition of the distinction between state- owned and freehold property, the procedure termed the transfer of property as selli g satmak.

Prior to the enactment of the Ottoman Land Code,land was held by virtue of Sultanic decrees, grants made by conquerors of various areas, judgments of both civil and Muslim religious courts, orders of administrative authorities and deeds of sale executed before the Muslim courts. The first innovation was the obligation of landowners to register their land with the government and receive formal deed to the land. In addition, the growing need of the state for revenue demanded new forms of land tenure and taxation that would enhance cultivation of existing lands and encourage the reclamation of dead lands, while guaranteeing state collection of tax revenues.

State University of New York Press. Failure of successors brings the grant to an end and the land becomes mahlul option land and returns to the State. It can be safely argued that the consequences of the Code have attracted a wider scholar attention than its aims.

When these two innovations were combined, it meant that individuals could now on paper own very large tracts of land. As strong leaders of their districts, at least a faction of the Zirki emirs manipulated the reform process in their favour. A faction of the Zirki emirs succeeded in obtaining the family estates that the Ottoman state regarded as belonging to the state do ai.

Enter the email address you signed up with and we’ll email you a reset link. Arazi Metruke is land that has been allocated for public use ex. In this context, Ottoman Kurdistan was no exception. Such lands were used principally as pasture land for grazing; the second being “pasture land” that was privately owned, and which could be used for general cultivation, such as ploughing and sowing Article 5 of the Law of Disposition of Immovable Property of the yearwithout the necessity of obtaining special authority.

Furthermore, they also claimed their traditional rights on the rice lands madrabs in the districts of Hazro and Mihrani, which were claimed to be outside the bundle of the family estate BOA. Land Ownership and Taxation prior to Classical Ottoman land-tenure legislation made a fundamental distinction between the right to cultivate land tasarruf and the absolute ownership of land raqaba.

Land acquired by lawful means such as grant from a competent authority was, in theory at least, reported to Constantinoplewhere an effort was made to maintain a series of registers known as the daftar khaqani imperial land registers. But this supremacy was short-lived, and bySultan Mahmud II had reestablished the dominant position of the central state. Doukhan, Advocate, on 19 January, Nevertheless, the second innovation found in the code permitted individuals to own vast tracts of land; beginning inthe state could issue deeds to formerly unoccupied lands.


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Ottoman Land Code of 1858

Arazi Memluke lands were properties that were owned by private individuals that were collected through conquest, state endowment, or inheritance. It is not clear that the creation of large estates constitutes the failure of the Land Code. Given that the literature upholds views associated kanunna,esi the Kaunnamesi East, in general, and Syria and Iraq, in particular, it would be correct to claim that most studies in this context reiterate conventional wisdom from a geographically broader perspective.

In kanunnamssi aftermath of the implementation of the Land Code ofthe family estates, which had been close — if not identical — to freehold property in the early nineteenth century, were restored to their original status as private property in a modern sense.

Usually, land was communally owned by village residents, though land could be owned by individuals or 188. The Ottoman Land Code of recorded as in the Islamic Calendar [1] was the beginning of a systematic land reform programme during the Tanzimat reform period of the Ottoman Empire in the second half of the 19th century.

Land ownership was regulated by people living on the land according to customs and traditions. Finally, both merchants and farmers inside the empire and European countries were pressuring the sultan to pass reforms that would rationalize the government. An agreed-upon proportion of taxes would be transferred to the government, and the tax farmer could keep the rest.

University of Chicago Press, The reasons behind the law were twofold. In this sense, it was the Land Code of that facilitated the transformation of de facto possession of family estates in Ottoman Kurdistan to the formal private ownership.

The Land Code was a response to these multiple needs.

Between anda period when the territory of the empire was shrinking, the revenue collected from the agricultural tax increased from million to million piastres. The Social Origins of Modern Jordan.

Land Code of |

Cite this article Pick a style below, and copy the text for arszi bibliography. These lands were subject to taxation by the Ottoman Empire. The ‘owners’ who hold land by miri tenure i. Inefficient administration of the law, it is contended, allowed powerful individuals to register in their own names lands previously held by peasants. P ope ty as a Co tested Do ai: