scholarly journals Land Ownership Reform in Islam

2019 ◽  
Vol 15 (2) ◽  
pp. 164
Author(s):  
Ridwan Ridwan

This article shows that Islam has laid the foundations of agrarian law reform or land reform, from the oppressive and exploitative pre-Islamic system of land ownership towards the fair, equitable and humanist-religious-based distribution of land ownership. The purpose of agrarian reform cannot be separated from the objectives of the law in general, that is to create justice, expediency and law certainty which describe the legal values either juridical, sociological or philosophical. To explain the idea of agrarian reform in Islamic law, there are some discussions proving the existence of the notion of land ownership reform in terms of the process of land right ownership and patterns of land distribution by the State based on the historical data, especially early history of Islam. Shifting paradigm from the feudalist pre-Islamic ownership system to the communalist-religious Islamic ownership system under the single authority of the head of state on the basis of the principle of fairness rests on the spirit to realize the ideals of public benefit.

2017 ◽  
Vol 25 (1) ◽  
pp. 189
Author(s):  
Dmytro Volodymyrovych Arkhireyskyi

The information content of the journals (minutes) of the meetings of the Council of Ministers of the Ukrainian State (1918) is investigated, which makes it possible to clarify the specifics of governmental agrarian policy. Information on the influence of the German and Austro-Hungarian military command on the agrarian policy of Ukraine, the peculiarities of land ownership and agrarian relations, the food and price policy of the Ukrainian government, and attempts at agrarian and land reform are discussed. The journals of the meetings of the Council of Ministers contain information about the emergence of a peasant rebel movement, caused in general by the unsuccessful agrarian activity of Hetman P. Skoropadsky, and also about government measures aimed at suppressing this movement. The investigated documentary complex should be recognized as an important source on the history of not only the Ukrainian State, its agrarian policy, but also the insurrectional movement and the Ukrainian Revolution of 1917−1921 generally.


1989 ◽  
Vol 21 (3) ◽  
pp. 453-480 ◽  
Author(s):  
Piero Gleijeses

The cry for land is, without any doubt, the loudest, the most dramatic and the most desperate sound in Guatemala.’ So wrote the Guatemalan bishops in 1988. In their country's long history, the bishops stated, only one president – Jacobo Arbenz – had addressed the issue of land reform.1 Inaugurated in 1951, Arbenz presided over the most successful agrarian reform in the history of Central America. The reports of the US embassy bear testimony to the fact that within eighteen months land was distributed to 100,000 peasant families, amid little violence and without adversely affecting production.2 Praise for initiating the reform does not belong, however, solely to Arbenz. As his wife observed, ‘Alone, he could not have done it’. Praise should also be given to the Communist party of Guatemala, whose leaders were Arbenz's closest personal and political friends.3


2021 ◽  
Vol 7 (1) ◽  
pp. 115-138
Author(s):  
Setiyo Utomo

The author examines and describes how agrarian reform is realized during different government periods. To do that, policy, and legal documents, directly or indirectly related to agrarian reform, is analysed. This research reveals that attempt at agrarian reform up to present is focussed developing policies aiming to restructure land ownership and utilization (land reform).   Another finding is that the promulgation of Law No. 11 of 2020 (Law on Job Creation) tends to shift the focus more on granting easy access to land for development purposes. This change of policy priority will have dire consequence to access to land for the poor and most likely increase agrarian conflicts.


Author(s):  
Velta Parsova ◽  
◽  
Anda Jankava ◽  
Siim Maasikamae ◽  
Audrius Aleknavicius ◽  
...  

After the collapse of Soviet system, immediately after declaration of independence, Estonia, Latvia and Lithuania decided to initiate land reform within the framework of agrarian reform. The defined general objectives of land reform were: to establish a fairer system of property and use rights, to create conditions for intensity and productivity increasing of land use, to strengthen the rights of lessors and tenants, to grant land to those who wish to cultivate or otherwise use the land. However, the legislation and administrative systems of separate Baltic States were different, so the objectives and tasks of land reform, as well as the measures and methods for implementing the land reform, were different. The aim of the article is to compare and evaluate the land ownership reform processes in Estonia, Latvia and Lithuania, to analyse their legal security, the objectives, tasks, process and procedures of the reform, as well as the results obtained. In order to find out the situation and to make comparative judgments and conclusions, in research mainly document analysis and monographic or descriptive method haves been used. The positive role of land reform in all Baltic States is the restoration of land ownership, which has led to more targeted and intensive use of land in agriculture and other sectors. Land reform has created the preconditions for initiative and action of landowners in market economy. An additional effect is the development and implementation of state-of-the-art real estate registration systems in administration of each state. The article also analyses the shortcomings and problems encountered during the reform.


1993 ◽  
Vol 37 (1) ◽  
pp. 82-88 ◽  
Author(s):  
Simon Coldham

The gazetting of the Land Acquisition Bill on 24 January, 1992 unleashed what has been described as the fiercest debate ever known in the history of Zimbabwe. However, the issue of land reform had been back on the political agenda ever since the expiry of the Lancaster House Constitution on 18 April, 1990, and pressures from a variety of quarters, both internal and external, had been brought to bear on the government during the intervening period. In particular, its adoption in 1990 of a document declaring National Land Policy had generated intense controversy. In accordance with the principles set out in that document the government has sought to facilitate the acquisition of land for resettlement purposes, first by amending section 16 of the Lancaster House Constitution and subsequently by enacting the Land Acquisition Act. In formulating its policy the government has recognized both the need to redress inequalities in land distribution and the need to take into account current national and international socio-economic realities. The result is a compromise.


2018 ◽  
Vol 3 (2) ◽  
pp. 145 ◽  
Author(s):  
Ahmad Nashih Luthfi

Abstract: Historiographically, there is false understanding that the 1960’s landreform in Indonesia was only supported by communism party, and religion-based parties were on the opposite sides, ideologically and sociologically. This article contradicts the simplification of the understanding of the history by pointed out that Nahdlatul Ulama supported the policy of land reform. The support was within the framework of the creation of justice, as well as the understanding that private land ownership is respected in Islam, as part of the goal in enforcing syari’at: to keep the possessions of the umat (hifdhul maal). Not only on the implementation, Pertanu also defend and fight for the peasants when they were expelled, and their lands were taken over (counter-landreform) post 1965. Based on the archived of ANRI and local military documents, this article record the institutional history of Pertanu and its struggle to defent the peasants after 1965, and the dynamic of the implementation of land reform and its backflow in Banyuwangi, East Java. The description of historical experiences of this peasant organization is equipped by contextual reflection and its revitalization on current era when facing contemporary agrarian issues. Intisari: Secara historiografis berkembang pemahaman yang keliru bahwa landreform era 1960-an di Indonesia hanya didukung oleh partai berpaham komunisme. Sedangkan partai berbasiskan agama, berada pada pihak yang berseberangan, baik secara ideologis maupun sosiologis. Artikel ini membantah simplifikasi pemahaman sejarah tersebut dengan menunjukkan bahwa Nahdlatul Ulama mendukung kebijakan landreform. Dukungan itu dalam kerangka penciptaan keadilan sekaligus pemahaman bahwa kepemilikan tanah pribadi dihormati di dalam Islam, sebab merupakan bagian dari tujuan penegakan syari’at: menjaga harta benda umat (hifdhul maal). Tidak hanya pada tahap pelaksanaan, Pertanu bahkan juga membela dan memperjuangkan kaum tani tatkala mereka diusir dan diambil-alih tanahnya kembali (counter-landreform) pasca 1965. Berdasarkan arsip dari ANRI dan dokumen militer daerah, artikel ini merekam sejarah kelembagaan Pertanu dan perjuangannya dalam membela kaum tani pasca 1965, serta dinamika pelaksanaan landreform dan arus baliknya yang terjadi di Banyuwangi, Jawa Timur. Uraian pengalaman sejarah perjalanan organisasi tani ini dilengkapi dengan refleksi kontekstualitasi dan revitalisasinya pada era saat ini tetkala berhadapan dengan masalah-masalah agraria kontemporer.


2021 ◽  
Author(s):  
Tanalís Padilla

In the 1920s, Mexico established rural normales—boarding schools that trained teachers in a new nation-building project. Drawn from campesino ranks and meant to cultivate state allegiance, their graduates would facilitate land distribution, organize civic festivals, and promote hygiene campaigns. In Unintended Lessons of Revolution, Tanalís Padilla traces the history of the rural normales, showing how they became sites of radical politics. As Padilla demonstrates, the popular longings that drove the Mexican Revolution permeated these schools. By the 1930s, ideas about land reform, education for the poor, community leadership, and socialism shaped their institutional logic. Over the coming decades, the tensions between state consolidation and revolutionary justice produced a telling contradiction: the very schools meant to constitute a loyal citizenry became hubs of radicalization against a government that increasingly abandoned its commitment to social justice. Crafting a story of struggle and state repression, Padilla illuminates education's radical possibilities and the nature of political consciousness for youths whose changing identity—from campesinos, to students, to teachers—speaks to Mexico’s twentieth-century transformations.


2016 ◽  
Vol 22 (2) ◽  
pp. 89
Author(s):  
NFN Syahyuti

<strong>English</strong><br />Land reform program was once successful in Indonesia in 1960’s although it included only land area and limited number of receiving farmers. The New Order government never carried out land reform program explicitly, but it was substituted with programs of certification, transmigration, and Nucleus Estate Smallholders development. All of those programs aimed at enhancing people’s access to land ownership. The governments in the reform era improve some regulations related with agrarian reform but no real program of land reform. Theoretically, there are four imperative factors as prerequisites for land reform program, namely political will of the government, solid farmers’ organization, complete data, and sufficient budget. At present, all of those factors are still difficult to realize and, thus, land reform in Indonesia is hard to be implemented simultaneously. <br /><br /><br /><strong>Indonesian</strong><br />Program landreform pernah dicoba diimplementasikan di Indonesia pada era tahun 1960-an, meskipun hanya mencakup luasan tanah dan petani penerima dalam jumlah yang sangat terbatas. Kemudian, sepanjang pemerintahan Orde Baru, landreform tidak pernah lagi diprogramkan secara terbuka, namun diganti dengan program pensertifikatan, transmigrasi, dan pengembangan Perkebunan Inti Rakyat, yang pada hakekatnya bertujuan untuk memperbaiki akses masyarakat terhadap tanah. Sepanjang pemerintahan dalam era reformasi, telah dicapai beberapa perbaikan dalam hukum dan perundang-undangan keagrariaan, namun tetap belum dijumpai program nyata tentang landreform. Secara teoritis, ada empat faktor penting sebagai prasyarat pelaksanaan landreform, yaitu kesadaran dan kemauan dari elit politik, organisasi petani yang kuat, ketersediaan data yang lengkap, serta dukungan anggaran yang memadai. Saat ini, kondisi keempat faktor tersebut masih dalam kondisi lemah, sehingga dapat dikatakan implementasi landreform secara serentak dan menyeluruh di Indonesia masih sulit diwujudkan.


2015 ◽  
Vol 10 (2) ◽  
pp. 191-212 ◽  
Author(s):  
Alfitri

AbstractThis article examines the history of the evolution of Islamic legal authority in Indonesia and provides an account of how it is contested and negotiated in contemporary Indonesia, using the history of family law reform as an example. There is a plurality of sources of authority for Islamic law as they operate within the domain of family law. The case studies reveal tensions between continuity and change in the development of Islamic legal principles and the strategies that different actors employ to advance their preferred version of Islamic legal norms: while the state has adopted a synthetic approach in order to accommodate these multiple legal authorities and increase the efficacy of its own statutes, the ulama persistently insist on the authority of fiqh as the immutable point of reference in resolving legal problems faced by Muslims. These conflicts ensure that the statutes will continue facing challenges as a legitimate interpretation of Islamic law in Indonesia.


2011 ◽  
Vol 27 (1) ◽  
pp. 73-95
Author(s):  
Ryan M. Alexander

This article examines two episodes in the career of Bernardo M. de León, an agrarian reform leader and federal congressman from the state of Nayarit. During the first period, from 1920 to 1940, De León emerged as a local cacique responsible for both progressive politics and repressive maneuvers, particularly during the 1930s land reform effort undertaken by the administration of Lázaro Cárdenas. During the second period, from 1970 to 1990, he functioned largely as a political elder in Nayarit. In that capacity, he promoted the official history of the Revolution, at the same time that he manipulated collective memories of his own revolutionaryparticipation. In doing so, he helpedtodefine how successive generations of Mexicans remembered their Revolution and his role within it. Even after his death in 1991, the legacy of De León informed civic engagement in Nayarit, as various groups, ranging from ejido-seeking peasants to local political functionaries, invoked his memory in pursuit of their own political objectives.


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