From the Pages of the Defter (ص 197)

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عنوان

From the Pages of the Defter (ص 197)

المحتوى

327 articles 54-56 established that the children of
whether he held a document of title.
owners of miri (i.e. state) land (and, in the absence of children, the father and in some cases
the mother of the deceased) inherited the land without paying a fee.*”® This provision of free
inheritance would be upheld by Article 1 of the Land-Inheritance law of 17 Muharram 1284
(21 May 1867), which dealt with the inheritance of miri and piously endowed (mevkufe)
lands possessed by tapu. This Article extended the right of inheritance without fee to the full
chain of those eligible to inherit shares of a deceased’s estate according to Islamic law, in the
case that there were no living children of the deceased.*”” Before 1858, land had been
inheritable only by sons, in contradiction to sharia laws of inheritance.**°
Article 8 of the Tapu Law of 8 Jumadi || 1275 (13 January 1859) and Article 8 of the
Regulations on Tapu Certificates (seneds) issued on 7 Sha‘ban 1276 (29 February 1860)
detailed the fees inheritors needed to pay in order to obtain tapu certificates. Individuals
who could prove hakk-i karar, including by means of inheritance, could obtain a tapu
certificate of title for a fee equivalent to five percent of the value of the land if they
approached the tapu offices within six months of the promulgation of the law. After that
period, according to the latter law, these fees would double to ten percent of the assessed
327 Ongley: 41-42.
328 Ihid., 28.
29 Ibid., 158.
3° Anton Minkov, “Ottoman Tapu Title Deeds in the Eighteenth and Nineteenth Centuries: Origin,
Typology and Diplomatics”, Islamic Law and Society, 7/1 (2000): 73.
180

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From the Pages of the Defter

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المنشئ

Susynne McElrone

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