Allodial Earth. | Allodial Earth. |
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| Written by Abdun Nur J. | |
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[4:132] 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. 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). This process failing to be accomplished the title reverts back to the community it exists within. 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 (if considered from the perspective of a usury system), to a property held in allodial title as, once incorporated to the singe custodian, 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 are free in and of themselves, it is only the labour and small equipment charge, and the cost of any consumables used, in the extraction and purification and delivery of the minerals, that could be charged for something which no person could own, (you would own the added value invested in the minerals after extraction and processing, so in effect own the minerals through that action, much like land use and the fruits it bears), only your labour within an allodial system would be chargeable above the overheads, the same concept would apply to crops and fruits, the labour value would be charged and overheads, the bounty of Allah would always be freely given, and when true Muslim intent was prevalent, this system would invigorate commodities, no market of exploitation to hype the price beyond reason, no futures market to speculate on production, no investment market to gamble on price fluctuations, no monopolies to extort undeserved rewards from the weak and powerless. For a sovereign to claim ownership and sell rights to mine any of these fruits of the Earth, is against Islam, these things of the Earth are the bounty of Allah, they cannot be sold, or monopolised. The final concept of the Allodial earth is the Qur’anic reference, of the Masjid (place of sajda (prostration)), this concept is confused and transformed into the idea of "jamis", which means mosques. Masjid is not jamis, if it were it would be called jamis. Masjid is the place of prostration, and that is the entire Earth, so our Masjid is the planet Earth itself, not a religious building of corruption and confusion, but the very ground beneath our feet. (See the essay, ‘Salat’)This is why the golden ratio point of the Earth is Mecca, the heart of the Earth is the Jamis of Abraham, the physical heart of the Masjid is Mecca. In conclusion; nothing can ever truly be owned by any human being, a fleeting spark (a person) can only be the custodian of anything, things are used for a short time, things are consumed, things are exploited, or things are invented, but ultimately all things are ephemeral. To horde fiat money, gold, silver, sheep or whatever beyond any purpose or benefit, is at the detriment of those around you. You maybe the richest person in the grave yard, but not one coin, not one property, not one atom goes beyond this world and into the next, you leave this world with everything you held, owned or stole; lost… Only those things of the mind are intermediaries, thought remains, the things of thought do not. (Further reading on this topic: ‘Qur’anic Caliphate’) |
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| Rabiul Awal |
| 26 Friday |
| 1431 HIJRAH |