This article examines land privatization in late nineteenth-century Ottoman Palestine through the extension of possession in miri lands, on the one hand, and its transformation into fee-simple property through change in land category classification (i.e., miri to mülk), on the other. Using primary sources, particularly Ottoman documents and correspondence of the German Consulate in Jerusalem, we analyze this process, as reflected in several cases involving foreign subjects and Ottoman authorities. We argue that privatization began as informal violations of the law, proceeded with the struggle of landholders against authorities who tried to reverse the process, and ended in victory for the landholders after the state ceded to their demands, inter alia, as a result of pressure from foreign nations and their consuls. Thus did de facto land privatization become de jure privatization.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
Stanford J. Shaw, “The Nineteenth-Century Ottoman Tax Reforms and Revenue System,” International Journal of Middle East Studies 6:4 (1975), 421. According to Huri İslamoğlu, the modernization of the Ottoman Empire in the nineteenth century necessitated increased state regulation of land and taxation, which led to a change in the understanding of land ownership as a wealth-generating activity by both the state and owners. Huri İslamoğlu, “Property as a Contested Domain: A Re-evaluation of the Ottoman Land Code of 1858,” in New Perspectives on Property and Land in the Middle East, ed. Roger Owen, 24–6. The logic behind the Ottoman concept was to encourage continuous land cultivation from which taxes would be collected that would lead to economic revenue. For example, a person who improved mawāt, (vacant land) could, with the state’s consent, receive usufruct rights (tasarruf) in the form of a miri title deed - kuşan. In that case, he received the land for free but had to pay 5 percent of its value as a registration fee, in addition to the annual tithe. For a definition of mawāt see Ongley, 6. The same rationale, designed to increase land cultivation and, hence, the tax revenues, lay behind the land classification of mahlul (see below). On that subject, see Frederic M. Goadby and Moses J. Doukhan, The Land Law of Palestine (Tel-Aviv: Shoshany’s Printing Co. 1935), 44–51.
Gabriel Baer, Studies in the Social History of Modern Egypt (Chicago, IL: University of Chicago Press, 1969), 72–3; Denise Jorgens, “A Comparative Examination of the Provisions of the Ottoman Land Code and Khedive Saʿid’s Law of 1858,” in New Perspectives on Property and Land in the Middle East, ed. Roger Owen, 93–4; Tute, The Ottoman Land Laws, Article 1, note 2, 2.
Doreen Warriner, “Land-Tenure Problems in the Fertile Crescent in the Nineteenth and Twentieth Centuries,” in The Economic History of the Middle East 1800–1914, ed. Charles Issawi (Chicago: University of Chicago Press, 1966), 72; Gerber, Ottoman Rule in Jerusalem 1890–1914, 217–8; Kemal H. Karpat, “The Land Regime, Social Structure, and Modernization in the Ottoman Empire,” in Studies on Ottoman Social and Political History: Selected Articles and Essays, ed. Kemal H. Karpat (Leiden: Brill, 2002), 349.
Kemal H. Karpat, “The Land Regime, Social Structure, and Modernization in the Ottoman Empire,” in Studies on Ottoman Social and Political History: Selected Articles and Essays, ed. Kemal H. Karpat (Leiden: Brill, 2002), 349.
Kemal H. Karpat, “The Land Regime, Social Structure, and Modernization in the Ottoman Empire,” in Studies on Ottoman Social and Political History: Selected Articles and Essays, ed. Kemal H. Karpat (Leiden: Brill, 2002), 349.
See, for example, Ruth Kark, “Acquisition of Land in Emeq Hefer, 1800–1930,” Studies in the Geography of Israel 12 (1986), 31–51 (Hebrew, with English Abstract).
Abdul-Karim Rafeq, “Land Tenure Problems and their Social Impact in Syria around the Middle of the Nineteenth Century,” in Land Tenure and Social Transformation in the Middle East, ed. Tarif Khalidi (Beirut: American University of Beirut, 1984), 374. For a brief but comprehensive review of land problems in the Ottoman Empire, see Inalcik, “Land Problems in Turkish History,” 221–8. On the land regime during the early Ottoman Empire, see also idem, “The Ottoman State: Economy and Society, 1300–1600,” in An Economic and Social History of the Ottoman Empire, 1300–1914eds. Halil Inalcik and Donald Quataert (Cambridge: Cambridge University Press, 1994), 78–103.
J. B. Barron, Mohammedan Wakfs in Palestine (Jerusalem: Greek Conv. Press, 1922), 31–2. See also Barnes, An Introduction to Religious Foundations in the Ottoman Empire, 54–5.
Doukhan, Land Laws of Israel, 63–5. Also see: EI2, s.v. Ḥikr (Baer).
USNA, Copy Book 1886–1899, Box 5977, Jacob Schumacher to Bissinger, 28 December 1887 (in German), in Kark, “Land Purchase and Registration,” 80.
ISA, RG 67, File 1602, Wolfer and Klenk to the German consul in Jerusalem, 16 June 1891. On the land registration process, see Article 3 of the land code.
ISA, RG 67, File 1602, Simeon Murad to the German ambassador in Istanbul, 7 April 1892.
ISA, RG 67, File 1602, Breisch to the German embassy in Istanbul, 28 March 1892.
ISA, RG 67, File 1602, Simeon Murad to the German ambassador in Istanbul, 7 April 1892.
BOA, HR. TO., 397/38, 4 June 1892. See also other petitions sent by the landowners: BOA, HR. TO., 397/24, 6 May 1892; BOA, HR. TO., 397/86, 5 August 1892, mentioned in Ben-Bassat, Petitioning the Sultan, 118–9.
ISA, RG 67, File 1602, Murad to the German ambassador in Istanbul, 7 April 1892. Although Murad did not identify the newspaper, it is probably Thamarāt al-Funūn. See note 59.
ISA, RG 67, File 1602, Murad to the German ambassador in Istanbul, 7 April 1892.
ISA, RG 67, File 1602, von Müller from the German embassy in Istanbul to the consulate in Jerusalem, 13 September 1892.
ISA, RG 67, File 1602, National Zeitung, evening edition, 26 October 1892.
ISA, RG 67, File 1602, National Zeitung, morning edition, 8 November 1892.
ISA, RG 67, File 1602, Murad to von Tischendorf, 25 January 1893.
ISA, RG 67, File 1602, Murad to von Tischendorf, 22 September 1893.
BOA. DH. MKT., 32/23, 8 April 1893.
ISA, RG 67, File 1602, Jaffa’s and Sarona’s settlers to von Tischendorf, 12 June 1894.
ISA, RG 67, File 1602, Jaffa’s and Sarona’s settlers to von Tischendorf, 12 June 1894.
ISA, RG 67, File 1602, von Tischendorf to Murad, 12 January 1895. On the different tax rates, see note 6.
ISA, RG 67, File 1602, von Tischendorf to Murad, 15 January 1895.
ISA, RG 67, File 1602, Ambassador Radolin to Consul von Tischendorf, 29 January 1895.
ISA, RG 67, File 1602, Murad to von Tischendorf, 10 February 1895. Zikai Effendi was merely doing his job. The committee was responsible for the examination and appraisal of the orchards in Jaffa and its environs, probably, for tax purposes. See: BOA. MV., 84/89, 30 May 1895.
Carmel, The German Settlement in Palestine at the End of the Ottoman period, 118.
ISA, RG 67, File 1602, von Tischendorf to the German Embassy in Istanbul, 17 February 1895.
ISA, RG 67, File 1602, National Zeitung 22 March 1896.
ISA, RG 67, File 1602, von Saurma to Schmidt, 10 April 1897.
ISA, RG 67, File 1602, Marschall from the Istanbul embassy to the consulate in Jerusalem, undated. The visit took place from 26 October to 4 November 1898.
Rafeq, “Land Tenure Problems and their Social Impact in Syria,” 378.
Gözel, “The Implementation of the Ottoman Land Code of 1858 in Eastern Anatolia,” 137, 147.
Roy Fischel and Ruth Kark, “Sultan Abdülhamid II and Palestine: Private Lands and Imperial Policy,” New Perspectives on Turkey 39 (Fall 2008), 132–4. The private lands of Abdülhamid II reverted to the state in 1909, after the Young Turk revolution.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 558 | 124 | 13 |
Full Text Views | 267 | 11 | 1 |
PDF Views & Downloads | 141 | 25 | 3 |
This article examines land privatization in late nineteenth-century Ottoman Palestine through the extension of possession in miri lands, on the one hand, and its transformation into fee-simple property through change in land category classification (i.e., miri to mülk), on the other. Using primary sources, particularly Ottoman documents and correspondence of the German Consulate in Jerusalem, we analyze this process, as reflected in several cases involving foreign subjects and Ottoman authorities. We argue that privatization began as informal violations of the law, proceeded with the struggle of landholders against authorities who tried to reverse the process, and ended in victory for the landholders after the state ceded to their demands, inter alia, as a result of pressure from foreign nations and their consuls. Thus did de facto land privatization become de jure privatization.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 558 | 124 | 13 |
Full Text Views | 267 | 11 | 1 |
PDF Views & Downloads | 141 | 25 | 3 |