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As it relates to land, the Islamic belief that man serves Allah when he makes use of property translates into

the judicial law that property can be acquired under Islamic law through developing and using land that has been unclaimed by anyone (Bashir 75). Generally, under Islamic tenure systems, land is classified into four main categories: mulk (individual ownership with full rights); miri (state owned land to which individuals may gain use rights); waqf (religious foundation owned land "stopped for God"); and musha (collective or tribal owned land) (Payne n.p.). Malaysia's National Land Code ( Under Islamic law, ownership rights originate from the concept of stewardship of property according to God's will (Bashir 75). This concept is based on the Islamic belief that God owns all property and men are merely trustees or custodians. Thus, traditionally, in Islam, when a State gave land to its subjects, it gave only the right to use the land and not full ownership. However, men are enabled to act for the care of the property and nothing in Islamic law prohibits the use of this property to generate wealth and other capitalistic aims (See Bashir 75). Today, these Islamic beliefs continue to guide legislative land codes in Arabic Muslim countries although, as the case of Saudi Arabia will demonstrate, some governments have adapted their land ownership schemes to have greater control over the country's political economy and to encourage increased agricultural production.

FOREWORD Recently a few books have been written about the rights of non-Muslims who are subjugated to the rule of the Islamic law. Most of these books presented the Islamic view in a favorable fashion, without unveiling the negative facet inherited in these laws. This brief study attempts to examine these laws as they are stated by the Four Schools of the Fiqh (jurisprudence). It aims at revealing to the reader the negative implications of these laws without ignoring the more tolerant views of modern reformers. Our ardent hope that this study will reveal to our readers the bare truth in its both positive and negative facets. S.S.

Concept of "Islamic State"


"An Islamic state is essentially an ideological state, and is thus radically different from a national state." This statement made by Mawdudi lays the basic foundation for the political, economical, social, and religious system of all Islamic countries which impose the Islamic law. This ideological system intentionally discriminates between people according to their religious affiliations. Mawdudi, a prominent Pakistani Muslim scholar, summarizes the basic differences between Islamic and secular states as follows:

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