Open AccessThe Compatibility of Land Tenure Law in Zanzibar with Islamic Principles: An Analysis
Author(s) -
Abdul-Nasser Hamed Hikmany,
Ahmad Azam Othman,
Sharifah Zubaidah Syed Abdul Kader
Publication year - 2016
Publication title -
iium law journal
Language(s) - English
Resource type - Journals
eISSN - 2289-7852
pISSN - 0128-2530
DOI - 10.31436/iiumlj.v24i1.241
Subject(s) - islam , law , land tenure , sharia , confiscation , land law , monopoly , legislation , customary land , political science , economics , geography , agriculture , market economy , archaeology
Zanzibar land law has been influenced by customary tenure, foreign principles and conventional land regulation. Islamic principles, being the most practiced faith in Zanzibar, are also largely reflected in the regulations and laws of land. This article examines the compatibility of the land tenure laws in Zanzibar with Islamic principles relating to land rights. A comprehensive research has been made through legislation, case laws, textbooks, journal articles, Islamic and Muslim literatures to investigate the compatibility of present land laws in Zanzibar on Islamic principles. This article has come to a conclusion that the Zanzibar land tenure is significantly compatible to Islamic principles save with some challenges facing the land tenure laws. For example, Zanzibar land law, as they presently stand, have provisions contrary to Islamic principles such as permitting interests, land monopoly and land confiscation. Hence, some recommendations are given for the Zanzibar Government to take in reforming the land tenure laws adjacent to Islamic principles.