THE LEGAL POLICIES ON LAND MANAGEMENT IN THE EARLY PERIOD OF ISLAM

Abstract

This article proves that the conquest of a particular area through war or peaceful approach becomes a state acquisition mode over the land as the spoils of war. This article refers to the source of the authoritative classical Islamic references in the field of the political-economic policy history in the early period of Islam. Reconstruction of the historical facts towards the politics of land ownership in Islam describes the creative dialogue between Islamic legal systems and the culture of the local people. The movement of the land acquisition creates the Muslims’ geo-politics changes; in which the movement subsequently develops the law model of the land ownership, utilization, and distribution of land by the State. As public institutions, the State has the authority to make regulations governing the ownership, distribution, and utilization of the land. The politics of land ownership by the State law in Islam aims to replace the system of land ownership during the feudalistic and exploitative pre-Islamic system of ownership that is communalistic-religious under the central authority of the Head of State on the basis of the benefit and social justice principle. Legal policy mastery, utilization and distribution of land in Islam have a religious, economic and politicdimension as one unity.