Land tenure systems in the maghreb
https://doi.org/10.17803/1729-5920.2016.115.6.184-202
Abstract
The article is devoted to the analysis of historical features of formation of land tenure systems in the Maghreb. It is shown that in the historical aspect, the land tenure system in the Maghreb has undergone changes. They depended on the kind of civilization existing in these countries, and were influenced by religious factors and colonial rule. The author considers the legal aspects of land tenure issues in the Democratic Republic of Algeria, Libya, the Kingdom of Morocco, the Republic of Tunisia, the Islamic Republic of Mauritania. The article shows that the pre-colonial Algeria was largely peasant society, the land formed the basis of property relations. According to legal and customary rights the tenure were divided into six different categories: mulk, arsh or sabega, habus, beylik orazel, mokhzen and muwat. The legal system of Libya has been formed under the influence of Ottoman law, French, Italian civil law, the Egyptian Civil Code and, in addition, the rules of Islamic law and customary law are used. During the period of Ottoman rule in Tripolitania, Cyrenaica and Fezzani - historic regions of Libya, there were various types of land tenure. There existed five main types of land possession in Morroco. The distribution of land in Morocco after independence depended mainly on political events in the country Tunisia was the first country in the Maghreb, which implemented Western-style reforms, because it was subjected to foreign influences
References
1. Bennoune M. The Making of Contemporary Algeria, 1830-1987. Cambridge University Press, 2002.
2. Nadler L. The Life of the Law: Anthropological Projects. - University of California Press, 2002.
3. Bandyopadhyay R. Land Reforms in the Developing World - A Primer. - ICFAI, 2006,
4. Powelson J.H., Stock R. The Peasant Betrayed: Agriculture and Land Reform in the Third World. - Cato Institute, 1990.
5. Findley A.M. The Arab World. - Routledge, 2002.
6. Ahmida A. A. The Making of Modern Libya: State Formation, Colonization and Resistance. - 2 ed. - SUNY Press, 2011.
7. Otman W., Karlberg E. The Libyan Economy: Economic Diversification and International Repositioning. - Springer Science & Business Media, 2007.
8. Abu-Lughod J. L. Rabat: Urban Apartheid in Morocco. - Princeton University Press, 2014.
9. Maghraoui D. Revisiting the Colonial Past in Morocco. - Routledge, 2013.
10. El-Ghonemy M. R. The Crisis of Rural Poverty and Hunger: An Essay on Complementarity Between Market-and Government-Led Land Reform for its Resolution. - Routledge, 2013.
11. Swearingen W. D. Moroccan Mirages: Agrarian Dreams and Deceptions, 1912-1986. - Princeton University Press, 2014.
12. Asian S. Nation Building in Turkey and Morocco. - Cambridge University Press, 2014.
13. Hart D. M. Tribe and Society in Rural Morocco. - Routledge, 2014.
14. Alexander C. Tunisia: Stability and Reform in the Modern Maghrib. - Routledge, 2010.
15. Abun-Nasr J. M. A History of the Maghrib in the Islamic Period. - Cambridge University Press, 1987.
16. Ade Ajayi J. F. Africa in the Nineteenth Century Until the 1880s. - University of California Press, 1998.
17. Waltz S. E. Human Rights and Reform: Changing the Face of North African Politics. - University of California Press, 1995.
18. Tully D. Labor and Rainfed Agriculture in West Asia and North Africa. - Springer Science & Business Media, 2012.
19. Sayigh Y. A. The Economies of the Arab World (RLE Economy of the Middle East): Development Since 1945. - Routledge, 2014.
20. Kirk M. Collective Action, Property Rights, and Devolution of Rangeland Management: Selected Examples from Africa and Asia. ICARDA. 2000.
21. Kelly S., Walker C., Dizard J. Countries at the Crossroads: A Survey of Democratic Governance. - Rowman & Littlefield, 2008.
Review
For citations:
Krassov O.I. Land tenure systems in the maghreb. Lex Russica. 2016;(6):184-202. (In Russ.) https://doi.org/10.17803/1729-5920.2016.115.6.184-202
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