Our Beacon Forum

The Economic Model
By:Navid Masud
Date: Monday, 22 June 2009, 7:25 am
In Response To: ISLAM IS ON THE MARCH (Dr. Shabbir)

Dr SHABBIR SHAIB

Sallam Alikum

I attended a British Constitution Group seminar over the week-end where I made the following presentation, making a link with the ancient economic model which operated with-in British Isles and Islam. I attach a copy of the presentation for your attention:

There are areas of economic model within Islam which are seldom understood by muslims. This presentation can be summed as the Islamic model for finance and money. See what you make of it. Feel free to discuss if you have hard time following it.

Navid

ALLODIAL TITLE

132] To Allah belongs everything in the heavens and the earth, and Allah is the only Protector.
2: 255 - 2:284 - 3:109 - 3:129 - 3:189 - 4:126 - 4:131 - 4:170 - 4:172 - 5:17 - 5:18 - 5:120 - 6:12 - 7:128 Etc.

Allodial right is a situation where real property (land, buildings and fixtures) is held free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever, (beyond the single intentional actions of manifesting long term damage to surrounding property.)

Allodial lands are the absolute property of their custodian and not subject to any service or acknowledgment to a superior, this concept denies the legal power of municipal and state governments to tax property, (if they were in existence) on the basis that allodial title cannot be alienated by failure to pay those taxes.

Allodial title cannot be alienated by seizure by a creditor, as the claim of the foreclosure by the mortgagee is illegal. However, by its nature, allodial title cannot be mortgaged in the first place, and an attempt to create allodial title on land that is subject to encumbrance by debt is impossible, but within Islam the entire Earth is Allodial by its very nature.

Although allodial title cannot be lost, that also means that it cannot be transferred or encumbered without losing its allodial status. As such, when a property custodian dies and leaves custodianship to more than one heir, the conceptual allodial status of the property is lost, this situation must be resolved as quickly as possible, so re-establishing the correct Allodial status, the property must be divided, sold or agreement of the parties to settle and establish a single custodian (Caliph).

Allodial title cannot be mortgaged (as is common in a usury system). Moreover, as liens cannot attach to allodial title, it is difficult to finance improvements (within a usury system), to a property held in allodial title as, once incorporated, the improvements become part of the allodial title and become exempt from lien or seizure of the property to pay a contractor's bill.

The burden of responsibility to honour these debts, if established, is solely upon the custodian personally, the fruits generated from the property, personally by the custodian could be seized, as they represent the wealth, the labour invested within the produced goods from the property.
Allodial title cannot, in theory, be legally taken away against the will of the custodian. However, an allodial custodian can contractually give up allodial custodianship and that allodial custodianship can be restored or sold (added value only) or passed on to a single heir. Allodial title cannot be exchanged by fraud, only by legitimate contract. (For example you could not use your allodial property as a stake for a wager, just as much as the collateral for a loan.)

Allodial property can not be owned by a corporation, being a group recognised as an individual by law, being a group colony of individuals, working in unity against the community for their own benefit. Only single individuals can hold allodial rights and custodianship.

All property is Allodial, property without a custodian is held in trust by the local community, and allotted to individuals when the community feel it appropriate. Otherwise it remains open to all to enjoy, and for local community projects.

Land alone can have no saleable value, it can be given or exchanged for equal land in another location, but not sold, as it is in custody only, however the fixed labour invested in the land, labour integral that forms added worth, such as making the land arable, buildings, crops; seasonal or annual, like trees; all have value and can be sold with the transferred obligations of the custodianship of the land which attaches no cost.

If you irreparably damage the land, as its custodian, through contaminating it with poisons, damage its nature with cross specie genetically modified crops, making it radioactive, any long term effects that detrimentally effect not just your allodial land, but the surrounding lands, of intentional assault, breaks the covenant and so voids the custodianship, and holds those responsible accountable for the cost and effort, of rectifying the surrounding contamination. If the custodian damages their Allodial land without effecting any surrounding land it is a crime between the custodian and Allah. But these abuses would have a bearing on the local community allocating new allodial custodianship in any future applications.

As the entire Earth, categorically, is allodial, the substance of the Earth itself would also be allodial, for example the minerals of the earth, to profit beyond the cost you placed on your labour, in the extraction and purification and delivery of the minerals, would be charging for something which you did not own, only your labour within an allodial system would be chargeable, the same concept would apply to crops and fruits, the labour value would be charged, the bounty of Allah would always be freely given.

Messages In This Thread

ISLAM IS ON THE MARCH
Dr. Shabbir -- Monday, 22 June 2009, 6:57 am
The Economic Model
Navid Masud -- Monday, 22 June 2009, 7:25 am