Columbia University Press

Publishers Since 1893

New York Chichester, West Sussex
Copyright © 2010 Columbia University Press
All rights reserved

Library of Congress Cataloging-in-Publication Data

Debs, Richard A.
Islamic law and civil code : the law of property in Egypt / Richard A. Debs.
p.   cm.
Includes bibliographical references and index.
ISBN 978-0-231-15044-6 (cloth : alk. paper)—ISBN 978-0-231-52099-7 (ebook)
1. Property—Egypt. 2. Property (Islamic law)—Egypt. 3. Property (Islamic law).
I. Title.

KRM640.D43 2010
346.6204—dc22
2009049736

Columbia University Press books are printed on permanent and durable acid-free paper.
This book is printed on paper with recycled content.
Printed in the United States of America

c 10 9 8 7 6 5 4 3 2 1

References to Internet Web sites (URLs) were accurate at the time of writing.
Neither the author nor Columbia University Press is responsible for URLs that
may have expired or changed since the manuscript was prepared.
 C ontents

Foreword by Frank E. Vogel ix

Foreword by Ridwan Al-Sayyid xiii
Preface xv
Acknowledgments xvii
Transliterations and Abbreviations xix

67
Introduction 1

1 T he C lassical I slamic L aw of P roperty 7

The Classification of Lands in the Shariʿah 8

ʿUshri Lands 9
Kharaji Lands 11
State Lands: The Private Domain 13
Mawat Lands 14
Public Lands and Servitudes 15
Waqfs 16

Land Tenure and Property Rights 17

Private Property: Mulk Land 18

enjoyment of the right of ownership 18

acquisition and disposition of the right of ownership 20
 vi Contents

Waqf Lands 25
Holdings of State-Owned Lands 30
Later Development of the Islamic System of Tenure in Egypt 34

67
2 T raditional I slamic L aw in the M odern E ra 37

The System of Land Tenure Created by Muhammad Ali 38

Kharaji Lands 40
Masmuh Lands 44
Rizqah Lands 45
Abʿadiyah Lands 46
Usiyah Lands 47

The Traditional System of Land Tenure

Prior to the Civil Codes 49

State Lands 49
Mulk Lands: Private Property 52
Waqf Lands 53

67
3 T he I ntroduction of a W estern
C ivil C ode S ystem 56

Ottoman Sovereignty and the Capitulations 57

Tribunals of the Reform: The Mixed Court System 60

Mixed Courts 61
Consular Courts 63
Native Courts 64
Mahkamahs 66
Millah Courts 69

The Civil Codes 69

 Contents vii

67
4 P roperty L aw U nder the F irst C ivil C odes 72

State Lands 73

Kharaji Lands 73
Mawat Lands 76
The Public Domain 77
The Private Domain 79

Waqf Lands 80

Waqf Law in the Civil Courts 80

The Law of Waqf 82
State Administration of Waqfs 84

Private Property 85

The Right of Ownership 86

ownership and other real rights 86

enjoyment of the right of ownership 87

The Transfer of Ownership Rights 90

inheritance and testament 90

gifts 90
accession 91
appropriation 91
prescription 92
preemption 93
agreements and contracts 94

67
5 T he D evelopment of a N ational L egal S ystem 98

Unity of Jurisdiction 99