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Unpublished Paper
The Effect of Military Conquest on Private Ownership: Jewish and Islamic law
ExpressO (2012)
  • Amal Mohamad Jabareen, Ono Academic College
  • Israel Zvi Gilat
Abstract
This article presents the legal outlooks of two fundamental religious judicial systems – Jewish (Halakha) and Muslim (Shari'a) – on the effect of war on private ownership. To be precise, this is when the conquered inhabitants are Jews or Muslims and halakhah or shari’a are their religion, respectively, but the conqueror is a non-believer or secular sovereign. Such situations evoke the following questions: To what extent the transfer of ownership by the conquering sovereign is recognized by the religious laws of the conquered population? May a member of the conquered religion acquire property that was seized by the non-believer sovereign from a member of the conquered religion? Is transfer of ownership by virtue of conquest permanent or reversible, so once the conquest ends, ownership reverts to the pre-conquest owner? Various approaches to those questions within each of two religious legal systems, are presented. Some of the similarities and the differences between Halakha and Shari'a are pointed out.
Keywords
  • Law of War,
  • Jewish Law,
  • Islamic Law,
  • Comparative Law,
  • Conquest
Disciplines
Publication Date
January 25, 2012
Citation Information
Amal Mohamad Jabareen and Israel Zvi Gilat. "The Effect of Military Conquest on Private Ownership: Jewish and Islamic law" ExpressO (2012)
Available at: http://works.bepress.com/amal_jabareen/1/