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...

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Main Authors: Syed Abdul Kader , Sharifah Zubaidah, Othman, Azam, Hikmany, Abdul Nasser
Format: Article
Language:English
Published: IIUM Press 2016
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
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spelling iium-512152016-07-19T05:46:52Z http://irep.iium.edu.my/51215/ The compatibility of land tenure law in Zanzibar with Islamic principles: an analysis Syed Abdul Kader , Sharifah Zubaidah Othman, Azam Hikmany, Abdul Nasser K Law (General) 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 IIUM Press 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/51215/4/51215_-_The_compatibility_of_land_tenure_law_in_Zanzibar_with_Islamic_principles.pdf Syed Abdul Kader , Sharifah Zubaidah and Othman, Azam and Hikmany, Abdul Nasser (2016) The compatibility of land tenure law in Zanzibar with Islamic principles: an analysis. IIUM LAW JOURNAL, 24 (1). pp. 129-156. ISSN 0128-2530 E-ISSN 2289-7852 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/241
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
spellingShingle K Law (General)
Syed Abdul Kader , Sharifah Zubaidah
Othman, Azam
Hikmany, Abdul Nasser
The compatibility of land tenure law in Zanzibar with Islamic principles: an analysis
description 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
format Article
author Syed Abdul Kader , Sharifah Zubaidah
Othman, Azam
Hikmany, Abdul Nasser
author_facet Syed Abdul Kader , Sharifah Zubaidah
Othman, Azam
Hikmany, Abdul Nasser
author_sort Syed Abdul Kader , Sharifah Zubaidah
title The compatibility of land tenure law in Zanzibar with Islamic principles: an analysis
title_short The compatibility of land tenure law in Zanzibar with Islamic principles: an analysis
title_full The compatibility of land tenure law in Zanzibar with Islamic principles: an analysis
title_fullStr The compatibility of land tenure law in Zanzibar with Islamic principles: an analysis
title_full_unstemmed The compatibility of land tenure law in Zanzibar with Islamic principles: an analysis
title_sort compatibility of land tenure law in zanzibar with islamic principles: an analysis
publisher IIUM Press
publishDate 2016
url 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
first_indexed 2023-09-18T21:12:30Z
last_indexed 2023-09-18T21:12:30Z
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