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JAMEL AKBAR
garrison towns with Baghdad, says that "the early pattern of growth which was characteristicof such military
colonies as al-Basra and al-Kufa was rapid and without
real awareness of the formal elements of city
planning. '"5
Scholars have also agreed that all garrison towns followed the same process in their creation. A. R. Guest,
for example, says of the original layout of Basra, Kufa,
and Fustat that "with some differences, the three towns
were much alike in their general character; and what is
wanting in the description of one may be filled up from
the accounts of the others with some confidence."6 The
question then becomes, if they were not planned, why
do they so resemble each other? The answer is that the
resemblance comes from the application in all of them
of the same set of specific principles.
The mechanisms for establishing ownership in the
early Muslim period were first by occupying it, which
is the ultimate source of any land ownership; second,
by selling or giving it away; and third by inheritance.7
Simple occupation was common, since in the early
Islamic period in these expanding towns vacant,
unclaimed land was plentiful. As a result, claiming land
in this fashion received extensive discussion by Muslim
jurists, who recognized unclaimed and unused land as
"dead" (mawdt)land,8 and followed certain principles
in dealing with it. Land is considered dead (i.e., fallow
or unoccupied) if there is no trace of building or cultivation on it or if it is not being used by the locality for
common pasture, burial ground, or as a source of wood
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or ikhtattaha
("he alreadymarkedit out for himself")
means that [the land] was markedby a khatt[i.e., not
necessarilyby lines] so it would be known that he
claimedit (ahtazaha)
to builda dwellingon. Fromthisthe
khitat[pluralof khitta]of Kufaand Basra[canbe understood].And [ifit saidthata person]akhtatta
[simplepast]
a khitta[noun],then this meansthathe has demarcated
a place and outlined(kha.tta)
it with a wall. Its pluralis
al-khitatu.And everything you possess [hazartahu;prohibited others from possessing18]means that you have
yakhtattuha
al-rajulu)on land that is not owned in order to
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JAMEL AKBAR
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JAMEL AKBAR
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JAMEL AKBAR
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JAMEL AKBAR
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JAMEL AKBAR
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Ibid. The fortress was the only building in Fustat; ibid., 1:286.
Ibid., 1:298-99.
Ibid., in his description of the khitatin al-Jiza, he always uses
the term ikhtattaor akhtattat,referring to the tribal leader or the
tribe in general as the claimer of the land (ibid., 1:206; see also
2:156.
al-YaCqubi,Tdrzkhal-YaCqubi,
Al-Hathloul interpreted both the roads and the space between
the roads as khitta ("Tradition, Continuity, and Change,"
p. 37).
Al-Baladhuri, Futuhal-Buldan,pp. 275-76.
Al-Janabi lists the names of those individuals and the site of
some of the allotments (takht/t al-Kufa, p. 85).
Al-Tabari, Tarfkh,4:45.
Al-Janabi, Takhtttal-Kufa, pp. 41-42; al-Tabari, Tarzkh,4:45.
Al-Janabi, Takhtital-Kufa, pp. 87-88, 93-94.
Ibid., p. 74.
Al-Tabari, Tdrzkh,4:44.
Guest, "Foundation of Fustat," p. 78.
Al-Tabari, Tdarkh,4:45; for the meaning of al-rawddifand rddifa,
see Ibn Manzur, Lisan al-CArab
al-Muhit, 1:1152.
For a discussion of these issues, see my Crisisin theBuiltEnvironment,chap. 8.
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