British Mandate: A Survey of Palestine: Volume I - Page 228

CHAPTER VII.

entitled to succession under religious law is almost inexhaustible, this eventuality is remote. The law applicable to mulk: proper is the Moslem religious law or the ecclesiastical law of the community of which the owner is a member.

Waqf sahih (mortmain land).

9. When mulk (allodial land proper) is dedicated to pious uses, it becomes waqf sahih (mortmaiu) land. The dedication may be by deed or by devise, and is irrevocable : the land must remain to the dedicated use in perpetuity. Waqf (mortmain) lands of the Moslem community are regulated by the Moslem religious law. These provisions are spread over several books on Moslem law. Commonly relied npon is Umar Hilmi's "A Gift to Posterity on the Laws of Evqaf". Waqf (mortmain) lands belonging to non Moslem communities (whether or not originally constituted under Moslem religious law in Ottoman times) are regulated by the ecclesiastical laws of the respective communities.

Miri (State land).

10. State lands of all categories are regulated by the special

Ottoman land laws known as :-

1. The Imperial Land Law of 1274 A.H.

2. The Land Law of 1275 A.H.

3. The Law as to Miri (usufruct title deeds) of 1326 A.H.

These were amended by laws generally referred to as the Provisional Land Laws enacted up to 1331 A.H. (1913 A.D.). The Ordinances enacted by the Government of Palestine have not greatly modified the Ottoman land tenure.

Khali (vacant land).

11. Vacant land is land which has not been allocated by the State to any interest and in respect of which it is safe to assume that there are no grants and no rights of private persons. So long as the land remains idle, the State may, if it so desires, allow inhabitants of the vicinity to graze or fell wood and draw water therefrom gratuitously. This would not legally create any right in favour of those using the land. Leave to exercise this ex-gratia user may be terminated by the State at any time, particularly if it intends to allocate the vacant laud to some specified use. There may be forest laws aimed at preventing wastage of forests and soil erosion. Vacant lands used as pasturing and woodfelling grounds without being allocated to any particular community exclusively are to be distinguished from the matruka murafaqa

Page 228