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Real Estate law and Islam

Reader comment on item: How Islamic Are Muslims?
in response to reader comment: But Q2:256 was abrogated by the "Fighting verse"

Submitted by dhimmi no more (United States), Aug 10, 2014 at 08:23

Dr. Pipes you wrote

I agree that the "Islamic teachings" are a whitewash.

Then why would the two so called scholars not be aware of what their Islamic sources tell us about the verse? This really means that they cannot be trusted and that their study should be regarded as cheap Islamic/Ahmadee Da'wa

But the point remains: this study of "Islamicity" finds that Muslim-majority countries are failing to live up the Islam's standards and Western ones are better achieving them, something full of implications.

The real issue here is the authors do not realize that the Hijazi Arabs had their own way of living and their laws that were very different from the legal system in the civilized Middle East at the time of the Arab invasion but it is very clear that the Islamic legal system owes its existence to the older legal codes the likes of the Roman Law and all Ulama had to do is to sift it and rearrange it and make it the Islamic law but such law was never enforced because you will always find the yes and the no and the may be in the Islamic tradition

Then on page 3 they tell us that

To what extent do self declared Islamic countries actually behave as Islamic countries ie following Islamic teaching from the Qur'an and the life and sayings of the Prophet

Here is the problem take the case of real estate and land mangement the Qur'an does not tell us very much so we do not have much help here

As for the sayings of Muhammad historians proved again and again that this is all anachronistic and these sayings were made up to reflect the reality in the 3rd century of Islam

Therefore the real foundation of their study the Qur'an and the sayings of Muhammad cannot help us or help them

Take the case of real estate and land management: The Arabs were nomads and compare this with the very sophisticated real estate and land laws in let us say Egypt and here is a great reference about real estate and land management in Egypt in the period between Alexander the Great 330BE and the Arab invasion in 643CE and the book is by James Keenan and the title is "Law and legal practice in Egypt from Alexander to the Arab conquest"

http://www.amazon.com/Legal-Practice-Egypt-Alexander-Conquest-ebook/dp/B00I0UNC52

So Egyptians had solid and very sophisticated legal system in regard to real estate and land mangement on the eve of the Arab invasion and as an example we can read about a famous legal archive and I quote:

Far south in Apollinopolis Magna (today's Esna in Upper Egypt) during the epoch of the Persian invasion (616CE until 627CE) seemingly in 622CE (the year of Muhammad's Hijra) a house portion was mortaged for a loan. Therefore the mortgagor travelled north probably as far as Heracleopolis Magna. For a quarter of a century while Egypt passed from Persian hands back to Byzantine control and then succumbed to the Arab rule the house portion remained in possession of the mortgagee. A dispute then arose and in the midst of arbitral hearings in Apollinopolis Magna two of the parties thereto a husband and wife travelled north to Oxyrhynchus. There is 644/645 CE a deed of conveyance to that property far in the south was executed The spouses journeyed back up the river the hearings were concluded and a deed renouncing all claim was drawn up in their favor in 647CE Private strife had gone on while the fate of Egypt was being determined and apparently with no intervention by public authorities Persian Byzantine or Arab All persons were Copts strangers to the ruling class (see Alan Bowman)

This archive indeed proves that there was in Egypt a very sophisticated real estate law and all the Muslims that invaded Egypt had to do was to follow such law which really means that Egyptians were more islamic than the Arab invaders themselves but the reality is the Arabs indeed borrowed such legal system and the rest is history

This makes me conclude that the invading Arabs conquered lands the likes of Egypt with very advanced and sophisticated legal system that indeed functioned very well as in the case of the above real estate archive and it also means that the Arabs and their ulama all they had to do is to make such laws the laws of Allah

So the real question is why do Muslims not follow such laws when in the case of Egypt the Copts were following such law? This should have been what the study is all about

My guess is Islamic law is all about the yes and the no and the may be


Note: Opinions expressed in comments are those of the authors alone and not necessarily those of Daniel Pipes. Original writing only, please. Comments are screened and in some cases edited before posting. Reasoned disagreement is welcome but not comments that are scurrilous, off-topic, commercial, disparaging religions, or otherwise inappropriate. For complete regulations, see the "Guidelines for Reader Comments".

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Reader comments (48) on this item

Title Commenter Date Thread
23"Don't judge ISLAAM, by Muslims"! [1411 words]MdShafiqMApr 27, 2015 15:51223105
2A lot of effort, to post a lot of gibberish [394 words]Peter HallJan 26, 2016 07:42223105
How Christian are Protestants? Or, How Jewish are the Haredi? [298 words]LudvikusJan 27, 2015 10:53220715
Isalami Baloney and other matters [70 words]Michael SJan 28, 2016 19:19220715
Islam too Islamic for Muslims in the Middle East [255 words]Brutus BalanSep 16, 2014 22:38217962
8The premise of this article is wrong [303 words]PrashantAug 22, 2014 01:12217311
1Have you changed your famous "catchphrase formula? [38 words]
w/response from Daniel Pipes
PezDispenserAug 7, 2014 04:22216941
Have you changed your famous catchphrase formula? [38 words]
w/response from Daniel Pipes
PezDispenserAug 7, 2014 04:21216940
2But Q2:256 was abrogated by the "Fighting verse" [468 words]
w/response from Daniel Pipes
dhimmi no moreAug 4, 2014 12:25216514
1Real Estate law and Islam [787 words]dhimmi no moreAug 10, 2014 08:23216514
1Exposing poor scholarship again [74 words]dhimmi no moreAug 10, 2014 14:59216514
Forced conversions to Islam [47 words]gmsMay 11, 2016 15:53216514
1Old tired excuses by Tablighees [262 words]dhimmi no moreMay 13, 2016 07:37216514
3Blatantly wrong argument [273 words]PrashantMay 15, 2016 10:39216514
Allah imposed a gag order on Himself [84 words]PrashantMay 17, 2016 22:02216514
Trying to reform Islam can be dangerous! [188 words]dhimmi no moreMay 21, 2016 07:50216514
1India and the Hindu genocide [61 words]dhimmi no moreMay 21, 2016 07:55216514
It might be dangerous but it ought to be done [160 words]PrashantMay 23, 2016 21:04216514
2Hamed Abdel Samad [108 words]dhimmi no moreMay 27, 2016 07:49216514
Had this study been conducted 1000 years ago [89 words]
w/response from Daniel Pipes
AJAug 4, 2014 07:03216511
1Islamic servitude? [89 words]AtleAug 1, 2014 11:34216460
1Islamic law and its foundation: The cart and the horse [484 words]dhimmi no moreAug 1, 2014 09:04216457
Islam Reform [115 words]Mark D.Jul 31, 2014 00:29216442
Muslim NZ? [262 words]
w/response from Daniel Pipes
alan peter millsJul 30, 2014 23:58216439
1400 years [30 words]FrankzJul 30, 2014 23:28216438
2This is an old Islamic literary topos [160 words]dhimmi no moreJul 29, 2014 20:03216419
A post-Islam society (and an idea for reformers and moderates) [141 words]PezDispenserJul 29, 2014 14:30216411
Anyone tried this on Judaism and Christianity [126 words]
w/response from Daniel Pipes
CanderraJul 29, 2014 11:37216409
inadvertently pointing out the dangerousness of Islam [156 words]Ron ThompsonJul 29, 2014 22:17216409
1Islam [477 words]Emanuel van den BemdJul 28, 2014 23:42216400
2Religions can evolve, and some can try other religions [226 words]Richard StoeckerJul 28, 2014 20:00216395
The failure of Islamic rule [93 words]Fred SchwartzJul 28, 2014 19:19216393
Free Muslims from the Tyranny of Islam [201 words]
w/response from Daniel Pipes
Ron ThompsonJul 28, 2014 18:18216392
A slippery incline [135 words]m. langeJul 29, 2014 17:15216392
Not Realistic to suggest Muslims leave Islam? [281 words]Ron ThompsonJul 31, 2014 16:33216392
Not realistic to suggest that Muslims leave islam [32 words]gmsMay 11, 2016 16:04216392
Delusions [19 words]dhimmi no moreMay 13, 2016 07:48216392
After all [242 words]
w/response from Daniel Pipes
josef zuaresJul 28, 2014 17:30216391
The study is just goofy. [178 words]Michael S.Jul 31, 2014 00:14216391
1Yes,but... [231 words]josef zuaresAug 4, 2014 13:12216391
The most notable Muslims were conquerors, like the Europeans [82 words]Michael S.Aug 6, 2014 01:16216391
1Unusual and predictable [76 words]VijayJul 28, 2014 16:01216389
1R&A's methodology [74 words]
w/response from Daniel Pipes
Ferren MacIntyreJul 28, 2014 12:29216388
1Ditto for Christians and Jews [177 words]Michael SJul 28, 2014 12:20216387
How Islamic Are Muslims? [285 words]JudithJul 28, 2014 11:31216386
Reformation [28 words]Gary SackJul 28, 2014 10:13216385
How Un-Islamic are Muslims [33 words]steven LJul 28, 2014 10:13216384
consequences for the coming caliphate [146 words]mythJul 28, 2014 09:37216383

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