الإقطاع في الفقه الإسلامي

Abstract EN

The study entitled Feudalism in Islamic Jurisprudence aims at identifying one of the legitimate means of succession, and its role in motivating interests to reclaim land, extract minerals, and contribute through this effort in the developing of the land and becoming firmly established in it.

The research included the definition of feudalism, manifesting its origin and legitimacy, as well as manifesting the ruling of feudalism in the Islamic jurisprudence.

It also included the types of feudalism; transfer of ownership, usufruct, exploitation, in addition to mineral feudalism and its two types; peripheral and interior.

It as well comprised a number of issues pertinent to feudalism, including utilities feudality, leasing them, lending them, and retrieving them.

Also, leaving the construction of the feudatory land and its endowment, and stipulating compensation in its feudalism.

Finally, the study discusses feudalism in the present era which included rationing of feudalism and the authority of the Sultan in light of the rationing of feudalism.

The Prophet (PBUH) used feudalism for several purposes, including exploitation and reclamation of land, motivating working hands, operating capital, procuring agricultural products, uniting and harmonizing elders and tribal leaders to convert into Islam on the one hand, and to secure their side, and seek their assistance, when necessary, on the other hand.

Further, he diversified the feudal rule for land, and peripheral and interior minerals as per the necessary interest.

So, he permitted feudalism of barren lands and interior minerals due to the difficulty of benefiting from them.

This is considered an encouragement to the expertise and those who have the ability to invest, improve land and provide the necessary minerals.

While he forbade feudalism of peripheral minerals; since they are within reach to all and their general benefit is broader, the forbiddance of feudalism with regard to the peripheral minerals was most appropriate and the best for public interest.

The most important recommendation of the research lies in taking into our consideration that feudalism has solved many problems throughout its history.

Hence, these solutions should be understood, and their aspects and functions should be studied appropriately as research in this field is still scarce.