The issue of agricultural reform lands in Syria has recently resurfaced, with many people circulating opinions about buying and selling them, sometimes even resorting to religious edicts. However, this matter is not new; it is an old, long-delayed issue that has resurfaced after years of being quietly addressed in society.
This article does not address the religious ruling on this matter, nor does it aim to favor any particular legal opinion. Instead, it focuses on explaining the legal reality of these lands, as any further discussion must first be based on understanding their legal nature.
The Agricultural Reform Law was issued under Legislative Decree No. 161 of 1958 during the era of the United Arab Republic. At that time, large agricultural holdings were concentrated in the hands of a limited number of owners, while a large number of farmers worked the land without ownership. The law was introduced to establish a ceiling on land ownership, expropriate any excess land with compensation, and then distribute the land to farmers with the aim of creating a class of landowning farmers and achieving rural stability.
However, the farmer who received the land did not become a direct owner in the full civil sense. The land initially belonged to the state, and the farmer was granted the right to cultivate and work it until the conditions for final ownership were met. Therefore, the law prohibited the sale, mortgage, or transfer of the land before the issuance of the official title deed and its registration in the land registry.
Over time, economic conditions changed. Some beneficiaries abandoned agriculture or moved to other occupations, creating a need to purchase and cultivate these lands. Thus, an informal market emerged, relying on customary contracts, powers of attorney, and the transfer of possession. People traded these lands effectively, even though official ownership remained unchanged.
For many years, disputes did not arise due to the stability of social interactions. However, when legal disputes emerged and land values increased, the legal question resurfaced: Did the seller actually own the land in the first place? From there, the debate moved from the courts to society and then to religious discourse, resulting in differing opinions based primarily on the legal status of the beneficiary: were they an owner or merely a usufructuary?
To understand the situation further, most agricultural land in Syria historically was state-owned, meaning the land remained under state ownership while individuals had the right to cultivate it. This explains the strict legal prohibitions against selling land before final ownership transfer.
The current debate doesn't mean the law has changed; rather, its effects have emerged belatedly, after social realities had already preceded the legal text for decades. People treated the land as private property, while the law considered it a transitional phase toward ownership.
With the debate widening, the most important question remains: Will the agrarian reform law remain as it has been for decades, or will the significantly changed reality ultimately lead to its revision?
Urwa al-Sousi - Zaman al-Wasl
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