The compatibility of land tenure law in Zanzibar with Islamic principles: an analysis
Zanzibar land law has been influenced by customary tenure, foreign principles and conventional land regulation. Islamic principles, being the most practiced faith in Zanzibar, are also largely reflected in the regulations and laws of land. This article examines the compatibility of the land tenu...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
IIUM Press
2016
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/51215/ http://irep.iium.edu.my/51215/ http://irep.iium.edu.my/51215/4/51215_-_The_compatibility_of_land_tenure_law_in_Zanzibar_with_Islamic_principles.pdf |
| Summary: | Zanzibar land law has been influenced by customary tenure, foreign
principles and conventional land regulation. Islamic principles,
being the most practiced faith in Zanzibar, are also largely reflected
in the regulations and laws of land. This article examines the
compatibility of the land tenure laws in Zanzibar with Islamic
principles relating to land rights. A comprehensive research has
been made through legislation, case laws, textbooks, journal
articles, Islamic and Muslim literatures to investigate the
compatibility of present land laws in Zanzibar with Islamic
principles. This article has come to a conclusion that the Zanzibar
land tenure law significantly conforms to Islamic principles save
with some challenges facing the land tenure laws. For example,
Zanzibar land law, as they presently stand, have provisions contrary
to Islamic principles such as permitting interests, land monopoly
and land confiscation. Hence, some recommendations are made for
the Zanzibar Government to take in reforming the land tenure laws
that are conformity with Islamic principles.
Keywords: Islamic principles, land law, land tenure, Zanzibar |
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