d.Property Rights
Lastly, we should look at the property rights of muškênum. Buccellati suggests that there were two types of land ownership in Old-Babylonia. One was inalienable real property titled to a family unit and the members were just land tenures not fully authorized landowners. And the second one was an alienable real property which gives to the owner full authority on it including power of disposition. So, he suggests that this system of land law gives us the real criteria to distinct the muškênum from an awīlum.…
So, this suggestion of Buccellati could be thought together with the “palace servant” suggestion of Speiser.…
Even though we could accept this explanation for the class distinction in Old-Babylonia,…
Legal Nature of Mukâtab…
Secondly, we will look at the mukâtab in Islamic law. Mukâtab is a contractual semi-slave…
The Contract of Mukâtabah…
As we said previously, this contract is for an emancipation of a slave in exchange…
Ones the master accept the offer, he/she could not reverse his/her acceptance and…
In contrary to the master, the mukâtab could cancel the contract. For example, if…
We can examine the liability law for mukâtab in three topics: contractual liability,…
a. Contractual Liability…
As in many other legal formations of slavery, a slave does not have full capacity…
With the contract of mukâtabah, the contracting slave will be named as mukâtab and…
b. Torts and Punishment…
The compensation of torts depends on one’s property rights as well as the legal capacity…
Nevertheless, the issue gets complicated for the mukâtab. Even though there are no…
In contrary to general disadvantageous position, a slave was being punished by less…
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