In previous articles, we explored the ancient history of modern-day Israel and Palestine, examining the who, what, when, where, and why of the Israeli and Palestinian conflict. We will now turn our focus on modern history, specifically the role of Ottoman military history and land law in the ongoing dispute between Palestine and Israel. In this article, we will explore Why it is so difficult to settle the land dispute between Israelis and Palestinians.
1870 Palestine. Photo titled "Tiberiade, Panorama Lae Palestine #363". The Marjorie and Leonard Vernon Collection, a gift of The Annenberg Foundation, was acquired from Carol Vernon and Robert Turbin (M.2008.40.259)
Photography Attribution: Félix Bonfils, Public domain, via Wikimedia Commons
The long-standing conflict between Israelis and Palestinians is often analyzed through the lenses of self-determination, territorial claims, and national identity. Land rights and self-determination are central themes shaping the current situation, and understanding them is critical to understanding the plight of everyone involved in the Palestinean and Israeli conflict. The complicated history of land ownership and control in the region has created a situation where the people of both Israel and Palestine claim the right to the same land, leading many to ask how different people can have valid claims to the same land.
A photo of Jaffa in Ottoman Palestine in 1899. Heritage conservation picture Project - Jaffa Port via the PikiWiki - Israel free image collection project. Attribution: Unknown, Public domain, via Wikimedia Commons.
The questions surronding multiple claims to the same land is answered by exploring how the Ottoman Empire structured land ownership and how Ottoman land law, military history, and land reforms laid the foundation for today's disputes over land ownership.
This photo is of a a Kushan, an Ottoman document that gave permission to purchase land. This image was taken as part of the Elef Millim project trip to the Hartuv, in the Judean Mountains, near Beit Shemesh, held on Friday, 8th July 2011.Historical documents of Hartuv. Images - courtesy of the Hartuv Historical Museum. Public domain, via Wikimedia Commons
The Ottoman Empire: Historical Overview
The Ottoman Empire, also known as the Turkish Empire, received its name from its founder, Osman I (Uthman in Arabic). The Empire lasted over 600 years, from 1299 to 1922 (Palestine came under British control in 1918). At its peak, it spanned parts of Europe, Asia, and Africa. The empire was so powerful that its influence is still felt, particularly in the Middle East, and is a crucial factor in understanding the historical context of the Israeli and Palestinian conflict.
Map depicting the Ottoman Empire at its greatest extent in 1683. Self drawn, mainly based on Robert Mantran (ed.), Histoire de l'Empire Ottoman, Paris: Fayard (1989) Atilim Gunes Baydin, Public domain, via Wikimedia Commons
A crucial aspect of the Ottoman legal system was a framework that allowed Shari'ah law and Civil law to operate side by side. This dual legal structure significantly shaped land rights, including the distinction between mulk (private property) and mīrī (state-owned land). This remains relevant in today's dispute between Israel and Palestine.
Mulk and Mīrī Land: A Distinction That Influences Modern Land Disputes
Understanding the Ottoman land ownership systems provides key insights into the modern land disputes in Israel and Palestine. The enduring impact of the Ottoman period, during which the empire introduced a dual land system that categorized properties into Mulk (private land) and Mīrī (state-owned land), is a significant factor in the current conflict.
Mulk Land: This was privately owned land in urban areas or villages. Owners had complete control and could sell, bequeath, or use the land for charitable purposes (waqf). In Palestine during the Ottoman period, urban real estate was typically classified as Mulk.
Mīrī Land: This was state-owned land granted to peasants for agricultural use in exchange for taxes. While peasants could use the land and transfer their rights, the ultimate ownership lay with the state. Most rural land in Palestine was classified as Mīrī land.
These distinctions formed the basis for territorial claims that would later be used by both Israelis and Palestinians. After the creation of the State of Israel in 1948, Mīrī lands in the West Bank were appropriated by Israel, with the government arguing that they were state-owned lands. This is a significant point in the modern land disputes that continue today, particularly in the context of the Israeli occupation and the expansion of Israeli settlements in the West Bank.
What are Mulk and Mīrī lands?
Mulk land refers to privately owned land, typically in urban centers, that can be sold or inherited. On the other hand, Mīrī land was state-owned land leased to peasants for agricultural use, with tenants paying taxes for its cultivation.
Photo of Sinai and Palestine in the 1860's. Rogers Fund, 1908, transferred from the Library. This file was donated to Wikimedia Commons as part of a project by the Metropolitan Museum of Art. Attribution: Francis Frith, CC0, via Wikimedia Commons.
Over time, the Mulk and Mīrī systems evolved, and land ownership became more centralized beginning with the Timar System, influencing how land was governed and controlled in Palestine. These early land distribution systems continue to affect the territorial claims made by Israel and Palestine.
The Timar System: Military Land Grants and Their Legacy
Land was central to the Ottoman Empire's military organization. The centralization of land was seen in the timar system, initiated during Sultan Orhan's the second ruler of the Ottoman Empire reign. Sultan Orhan's military reforms in the 14th century established the Timar system, where military officers were granted land in exchange for service, fundamentally shaping the region's land ownership structures. Like mulks and waqfs in older Islamic Caliphates, the timar system allowed military officers to own, manage, and collect taxes from assigned lands in exchange for military service. This system intertwined land ownership and military power, which created a complex land management system that was later replaced by tax farming as the empire expanded.
Photo of Ottoman troops in Palestine. Source: (2018) Ordinary Jerusalem, 1840-1940: Opening New Archives, Revisiting a Global City, Boston: Leiden ; Boston : Brill,, pp. 392 OCLC: 1077399057. Photographer: Omar kandil. Public domain, via Wikimedia Commons.
The transformation of timar lands into private estates had long-lasting effects on regional land distribution. By the late 19th century, this shift contributed to economic disparities, particularly in Palestine, where land was increasingly lost by poor peasants and concentrated in the hands of a few wealthy people. In our next articles, we will discuss this transformation in more detail and show how land reforms, which resulted from Ottoman land policies, continue to influence the distribution of land in the region and are a key factor in the ongoing territorial disputes.
How Ottoman Land Reforms Shaped Modern Disputes
The Ottoman Empire's land reforms and classifications laid the groundwork for the territorial disputes that continue to plague Israel and Palestine. When the Ottoman Empire fell and the British took control of Palestine in 1918, the land issues, initially shaped by Ottoman law, became even more entangled in political and legal disputes. Land disputes grew even more complex after the creation of the State of Israel in 1948, when vast amounts of mīrī lands were appropriated as state-owned in the West Bank, which further complicated Palestinian land claims.
Map of British mandates of Palestine and TransJordan. Created by Amir Husni Talal Al Omari on 15 May 2020, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons.
The Challenges of Resolving Land Disputes Today
The complexities of land ownership fueled by the distinction between mulk and mīrī land, which are at the heart of many legal arguments, are a testament to the legacy of Ottoman land law that directly contributes to the ongoing territorial disputes in Israel and Palestine today. British land policies followed by land policies created by the State of Israel after 1948 built on the flawed land law foundations, often to the detriment of Palestinian claims.
Why Resolving the Conflict is So Challenging
Contrary to popular belief, the Israel and Palestine conflict is not just about establishing borders. The conflict is a complex web of unraveling centuries of land laws, colonial policies, national identity claims, self-determination claims, the status of Jerusalem, international political stakeholders as well as political entities such as Hamas, the Palestinian Authority, and the Israel Defense Forces (IDF) controlling territory in Palestine, and territorial claims rooted in the Ottoman era. The issues are further rooted in competing historical narratives, security concerns, the right of return, and Israeli settlements.These factors make resolving the conflict a daunting challenge.
Photo of Arab Farmers in Palestine 1912. Camera crusade through the Holy Land C. Scribner's Sons New York 1912. Attribution: Author Elmendorf, Dwight Lathrop. Public domain, via Wikimedia Commons
Understanding the Ottoman Empire's military history and land systems is essential to fully grasp the enduring challenges of the Israel-Palestine conflict. This historical perspective is crucial for comprehending the complexities of the current situation and the obstacles to achieving a lasting peace in the region.
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References:
Solomonovich, Nadav, and Ruth Kark. “Land Privatization in Nineteenth-Century Ottoman Palestine.” Islamic Law and Society 22, no. 3 (2015): 221–52. http://www.jstor.org/stable/43997236.
"Timar ." Encyclopedia of the Modern Middle East and North Africa. . Encyclopedia.com. (October 12, 2024). https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts-and-maps/timar
HAQUE, ZIAUL. “ORIGIN AND DEVELOPMENT OF OTTOMAN TIMAR SYSTEM: A Bibliographical Essay.” Islamic Studies 15, no. 2 (1976): 123–34. http://www.jstor.org/stable/20846989.
Shaw, S. Jay and Yapp, . Malcolm Edward. "Ottoman Empire." Encyclopedia Britannica, October 5, 2024. https://www.britannica.com/place/Ottoman-Empire.
Kenyon, K. Mary , Fraser, . Peter Marshall , Brice, . William Charles , Albright, . William Foxwell , Khalidi, . Rashid Ismail , Jones, . Arnold Hugh Martin , Khalidi, . Walid Ahmed , Bickerton, . Ian J. , Faris, . Nabih Amin and Bugh, . Glenn Richard. "Palestine." Encyclopedia Britannica, October 27, 2024. https://www.britannica.com/place/Palestine.
Solomonovich, Nadav, and Ruth Kark. “Land Privatization in Nineteenth-Century Ottoman Palestine.” Islamic Law and Society 22, no. 3 (2015): 221–52. October 5, 2024. http://www.jstor.org/stable/43997236.
Solomonovich, N., & Kark, R. Land Privatization in Nineteenth-century Ottoman Palestine on JSTOR. Islamic Law and Society, 221. October 9, 2024 https://doi.org/43997236
"The Ottoman Land Laws With Commentary." Ralph GlüCksmann Lawyer Tax Consulting. Accessed October 7, 2024. https://www.ra.smixx.de/media/files/Ottoman-Land-Code-1858-(1927).pdf.
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