THE ISLAMIC COMMUNAL LANDS IJMA: IN THE CASE OF MEDIEVAL AND EARLY MODERN AZERBAIJAN

Abstract

Land properties and the legal regimes that they are subject, provide important data on the legal, social, economic and military aspects of a given country and characterize its economic features. In the countries of the Middle East, the system of land tenure, based on Sharia Law, was formed during the period of the Arab Caliphate and, with minor changes, lasted for centuries. The aim of this paper is to examine the main essence of the Islamic communal land property- arazî-i ijma or arazî-i āmma in the medieval and early modern Azerbaijan, based on the several documents of the title-deed - qabale. This research proposes a concept that being land in the public benefits, arazî-i ijma was one of the forms of private ownership- mulk lands.