British Mandate: A Survey of Palestine: Volume I - Page 227

CHAPTER VIII.

B. Miri (Feudal or State land).

l. Miri Khali (vacant State land);

2. Miri taht et tasarruf (private usufruct State land);

3. Miri mairuku mahmiya (communal profits- a- prendre State land).

4. Miri matruka mahmiya (common easement or servitude State land).

To these can be added two more categories

5. Mahlul (escheated State laud) :

6. Waqf gheir sahih or takhsisat waqf or muaquf (usufruct State land of which the State revenues are assured to pious foundations).

7. The elements of land ownership under Ottoman land tenure are

1. The bare ownership (raqaba) :

2. The enjoyment or user (tasarruf);

3. The disposition (ihala).

In a general way the category indicates the mode of tenure, the amount of control which the State retains over the land, and the extent of the rights of user and disposition of which the State has divested itself in favour of private, communal or general public interests. These divested rights are lapsable, in which event they revert or escheat to the State. If the State retains a vestige of control, though it divests itself of the usufruct user and disposition rights, the land still remains State land. If the State divests itself of all its rights, the land becomes mulk (allodial land).

Mulk (allodial land proper).

8. Mulk (allodial) land proper assumes its character when all the three elements of the ownership are vested in the bolder. The owner can use and dispose of bis land freely and is not obliged to cultivate or use the land profitably (in contrast to the case of a usufructuary of State land). Mulk may be made waqf (mortmain) by dedication under the religious law to charitable purposes. Succession to mulk is laid down by the religious law. The owner may also devise it by will, subject to the rights of the legal heirs. Where there are no heirs and no outstanding debts, mull' property may be devised without interference from the State. Where an owner dies intestate and without heirs, nulk land escheats and becomes vacant State land. As the list of heirs

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