A Study on Historical development of Land Ownership and Landed Aristocracy in Pakistan Abstract Like other developing countries, menace of landlordism is still seeping through the very roots of this resource rich country—Pakistan. This article is aimed at: (1) to explain the very basic concept of land ownership; both in religious and social context, (2) to sketch historical pattern of land acquisition and its exploitation for exerting social control as well as developing political pressure and keeping the masses economic down to earth. The extensive analysis reveals that Islamic concept of land ownership is very progressive as compared to the ones used by first Muslims of India, next by the British and third by the state as well as society across the Pakistan. In Pakistan, after going through land reforms still a 5% of the total population holds 70% of the land and poor people are exploited by ruling elites for their self interest. The study concludes that although Pakistan- an Islamic state still cannot implement the basic rules of Islam. The unjustified land lord system has developed agrarian stratification system in Pakistan which is fatal to economic development. The study suggest to break this social injustice and economic inequality among rich and poor people by getting rid of the clutches of landlordism. Key Words: Landlordism, Colonial Patronage, Land Reforms, Authoritarianism. Introduction In the past, land was a common property of the people. All human beings shared land for deriving its benefits. However, with the passage of time this concept underwent changes. Holding land became a symbol of power. Both politically and economically its ownership symbolized influential position in society. Land ownership had different meanings in various ages or times. Therefore, the conceptual framework for understanding land ownership has remained ambiguous and controversial. Controversy over the concept of land ownership in Islam, landed aristocracy and absentee landlordism, which is considered to be an anti-thesis to education and development, motivated the researchers to write that how this societal evil is deep rooted from ancient history. Absentee landlordism is one of the major hurdles which have retarded socio- politico-economic pace of progress in Pakistan in particular and the Muslim world in general which clear violation of religion of Muslim community is. The study is more a descriptive in nature focusing on explaining the land ownership in our religion and its true picture in society of Indo-Pakistan. The remaining of the paper is arranged into following components, Concept of Land Ownership in Islam, Land Ownership in Ancient India, Land Ownership in the Delhi Sultanate (1206-1526), Mansabdari System in Mughal India (1526-1857), Land Ownership in Colonial India (1857-1947) and Landed Aristocracy in Pakistan (1947-1970). 1- The Concept of Land Ownership in Islam In Islam, land ownership is limited in scope, and division and distribution of land has been encouraged. According to Islam, land actually belongs to Allah, and in human terms, the person who cultivates it. Possession of land more than necessity is also forbidden. Allah Almighty says in the Holy Book, the Quran, “All that is in the heavens and on the earth belong to Allah.” (Surah-An-Nisa (4): 126 & 134) In another place it is stated, “To him belongs whatever is in the heavens and on earth.” (Surah An-Nahl (16): 52) Moreover, Allah Almighty says, “His is the Kingdom of the heavens and the earth and all that lies between them.” (Surah al-Zukhruf (43): 85; Surah AI-Maidah (5): 120) In addition, it is stated, “For to Allah belongs the dominion of the heavens and the earth and what is between them. He creates what He pleases.” (surah Al-Maidah (5) : 18 and 40). Furthermore, Allah Almighty says, “The earth belongs to Allah, He gives to His servants as He pleases and the end is (best) for the righteous.” (Surah Al-A’raf (7): Part of ayat 128). Allah is the Creator-Owners and Lord Sovereign of water, air, sunshine etc and has delegated to man the power and authority to utilize and exploit the resources (Rahman, 1980; Ibrahim,1989). The owner has right to hold land until it is utilized properly otherwise he has to give up the right of possession (Yusuf, 1977). Narrated by Hazrat Aisha (R.A), “He who cultivates land that does not belong to anybody more rightful (to own it).” Urwa said, “Umar (Hazrat Umar-third Caliph of Islam) gave the same verdict in his Caliphate.” (Sahih Bukhari: Volume 3, Book 39, Number 528) Prophet Muhammad (Peace Be Upon with Him) says that land belongs to the person, who transforms an uncultivated piece of land to a cultivable land. And no one else could be the owner of that land forcefully. In case he leaves that land, and does not cultivate it for three years, he would loose the ownership of that piece of land. Prophet Muhammad (PBUH) also says, “The person having land more than his necessity should give it free of cost to others for cultivation.” (al-Haq 1954, 4-11) The Prophet (PBUH) says, “Whoever has land should cultivate it himself or give it to his (Muslim) brother gratis; otherwise keep it uncultivated,” narrates Hazrat Abu Huraira (R.A). (Sahih Bukhari: Volume 3, Book 39, Number 533) The concept of mukhabara was also outlawed by the Prophet Muhammad (PBUH). Mukhabara means a deal in which land is leased against one half, or one third, or one fourth of its production which was forbidden because cultivators were deprived of their due rights. (Haq 1977, 21-28) Narrated by Rafi bin Khadij, my uncle said, “Allah’s Apostle sent for me and asked, ‘what are you doing with your farms?’ I replied, ‘We give our farms on rent on the basis that we get the yield produced at the banks of the water streams (rivers) for the rent, or rent it for some Wasqs of barley and dates.’ Allah’s Apostle said, ‘Do not do so, but cultivate (the land) yourselves or let it be cultivated by others gratis, or keep it uncultivated.’ I said, ‘we hear and obey’.” (Sahih Bukhari: Volume 3, Book 39, Number 532) In Islam, possession of land more than one’s necessity is not permitted. Quran and Sunnah have forbidden the possession of large tracts of land. A person cannot have land more than his necessity. Hazrat Umar (d. 644) and Hazrat Ali (d. 661) also argued that land does not belong to the person who does not or cannot work on that land. (al-Haq 1954, 9). Imam Abu Hanifah (d. 767) disliked muzara’a (absentee landlordism), and argued that the Prophet Muhammad (PBUH) disliked it. According to Imam Abu Hanifah and Imam Shafi (d. 820), muzara’a is forbidden. It has been recorded in Hidayah that Imam Abu Hanifah declared muzara’a as kufr (unbelief) and argued that Prophet Muhammad (PBUH) had forbidden it. (al-Haq 1954, 55-56) Shah Waliullah (d. 1762) is one of the Muslim luminaries of the 18th century, who produced seminal work on land ownership and absentee landlordism. According to him, land actually belongs to Allah and He allows human beings to exploit it. He argued that only those who make direct use of land are entitled to own it. In this way, he rejected absentee landlordism. Meaning of land ownership, according to Shah Waliullah, is that one individual has a better right to exploit it than others. It can be inferred that according to Shariah, a state owns land which gives an individual the right of exploitation. Besides the concept of absentee landlordism, Shah Waliullah also presented the concepts of jagirs and jagirdari system. According to him, jagirs should not be given to petty mansabdars (rank-holders in Mughal military bureaucracy), because they did not succeed in establishing their control over their jagirs. Therefore, they farmed out its revenues to farmers. In this way, they aggravated the miseries of the peasants and the difficulties of the state. (Nizami 1957, 523) He stated that jagirdari system sucked the blood of the workers just to add to the luxuries of the owners of jagirs, (Jalbani 1988, 31) and the farmers should be admonished not to leave any land uncultivated. (Waliullah 2003, 131) Maulana Ubaid Allah Sindhi (1872-1944) stressed that the landlords should keep up their agreements with the peasants, and assist them in meeting the ever increasing requirements of their families. Peasants should pay revenue to the government and to the landlords their share of the produce. (Shaikh 1986, 271) He wished to establish government of the labor classes and abolition of zamindari system. (Moizuddin 1988, 206). 2- Land Ownership in Ancient India In ancient India, the rural population of Indus region was largely settled population, clustering along rivers and flood channels which gave popularity to Harappa and Mohenjo-Daro. The Aryans are regarded, according to the annals of history, as the immediate successors of the Indus Valley Civilization. The Aryans had a simple social structure in the initial stages. The sacred Rigveda divided Aryans into three distinct classes: the Brahmanas (priests), the Kshatriyas or Rajanyas (warriors, rulers), and the Vesh (agriculturists). (Habib 1995, 60-61) The organization of society had large variations. These variations can be inherited, developed or required. The Indian landlordism had multilayered structures in the society. The early medieval Indian social structure clearly shows that the peasants enjoyed autonomy of production because they had complete control over their land. The peasants were inferior in rights than the land owners, who were superior in rights. The peasants were bound to pay taxes to the land owners, because the latter were the owners of the land, who could claim any type of tax.