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Title: Sharecropping in the Yemen : a study in Islamic theory, custom and pragmatism
Author: Donaldson, William J.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1998
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The aim of this thesis is to discuss sharecropping in the Yemen against the background of customary law (curf) on the one hand and Islamic law (the Sharcah) on the other. Sharecropping is of particular interest in the Islamic context since the practice is widespread in the Yemen and other Islamic countries and is sanctioned by customary law, and yet its very basis (rent as a proportion of a future harvest, which is by definition unknown at the time the contract is drawn up) would seem to be inconsistent with the Islamic prohibition against transactions which involve gharar (risk or uncertainty) and rib (speculative interest). The first half of the thesis is to do with how Islamic law views sharecropping in theory, and the information for this is drawn from a variety of primary and secondary literary sources. After a brief review of the rationale of sharecropping and its main features at the world scale, the focus is then brought onto the specifically Islamic aspects of the practice. The theoretical relationship between Islamic law and customary law is first discussed. Then those traditions which mention sharecropping and which form the starting point of all Islamic legal discussion are examined in detail, and how they are reflected in the modern Yemeni Civil Code is considered. This is followed by a detailed textual analysis of the views on sharecropping of four eminent Islamic jurists, chosen to represent the two main madhhabs (legal schools) to which most Yemeni jurists adhere.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available