Document Type : .

Author

• Kourosh Fathi

Assistant Professor, Department of Humanities and Social Studies, Farhangian University, Hakim Ferdowsi Campus, Alborz, Iran.

Abstract

Arrival of Arabs in Iran after the Islamic conquest, their settlement became more important because of the location for migration, also their communication and interaction with the natives Iranian. Arab migration to Iran in 7^th and 8^th centuries, brought about profound changes in the issue of land ownership and the way of its exploitation and administration, which in some cases was in accordance with the traditions of proprietary relationships in Iran or Islamic jurisprudence standards, but in many cases, it was considered to be in contradiction with these principles. The article focuses on the main question: what were the changes in proprietary relationships and land ownership rights in Iran as a result of the settlement of Arabs? the result of the historical research has been explained that in the first centuries of Islam(7^th to 10^th AD Centuries), the Arabs made a lot of effort to implement the rules of Islamic Sharia in the Iranian traditions and laws of land ownership, but the challenges Many of them had to face them and these challenges continued until the future centuries.

Keywords

• Arab Settlement in Iran
• Proprietary Relationships
• Property Rules
• Land Ownership in Iran
• Islamic Land Ownership

Extended Abstract

  The Settlement Pattern of Muslim Arabs in Iran and its Reflection in Land Ownership and Proprietary Relationships

 Land ownership and civil relations are important issues in Iran's economic history. Pre-Islamic Iranian governments, especially the Sassanids, regulated civil affairs by compiling legal rules and paying attention to the customary principles of the society. The conquest of Iran and the subsequent settlement of conquering Arabs in different regions caused deep changes in these relations. With the arrival of Muslim Arabs in Iran, their settlement became more important in terms of location, their relationship and interaction with Iranian natives. In an overview, the process of Arab settlement took place in three stages:

     In the first stage, due to the lack of recognition and lack of security of the conquerors, settlement had a military aspect. The Mujahideen, especially the commanders and governors, along with their families, settled in the important areas of the army, the roads and the outskirts of the big and key cities.

In the second stage, due to the emergence of some problems and considerations such as livelihood problems, the difficulty of managing the conquered lands, and financial and tax issues, the conquerors resorted to collective settlement in marginal areas and separated from the natives. The construction of the cities of Kufa and Basra is one of them. In the third stage, the conquerors gradually settled among the natives. Uprisings such as the Qaran uprising in Khorasan in 32 AH against the Arabs were a big alarm for the Arabs and made them more aware of the difficulties of governing Iran. Therefore, the issue of migration of Arab tribes became necessary to control more conquered areas

  The migration of Arabs to Iran in the first Islamic century brought about deep changes in the issue of land ownership and the way it was used and managed, which in some cases was in accordance with the civil traditions of Iran or Islamic jurisprudence standards, but in many cases it was in conflict with These principles were considered.

     The main question of the article is, what changes did the settling of Arab conquerors in Iran bring about in land tenure and land ownership rights? To answer this question, the method of explaining the historical data has been discussed and the result of this research shows that the Arabs in the first three centuries of Islam made a lot of effort to implement the rules of Islamic Sharia in the traditions and civil laws of Iran, but there were many challenges. were also facing them and these challenges continued until the following centuries.

  The background of the research shows that despite the researchers' attention to important issues such as the migration and settlement of Arab tribes to Iran, land ownership and its jurisprudential foundations in the Islamic period, tribute and other issues related to this issue, but the role and pattern of settlement of Muslim Arabs in Iran And its reflection in land ownership and civil relations has not been independently researched, which is one of them in researches such as the article by Muftakhari and his colleagues (2013) entitled "Social consequences of the migration of Arab tribes to Khorasan in the early Islamic centuries". He considers economic motives as the most important reason for the migration and settlement of Arabs in Khorasan. Faiq Najm Mosleh (1414 AH) in the study of "the settlement of Arab tribes in the Kerman region in the first century of Hijri" has examined the issue more from the point of view of geographical diversity and has not dealt with property relations. Hatami (2019) considers the process of transformation of the concept of peasant in Iran after Islam from an aristocratic landowner to a rural farmer as a result of economic changes and changes in the land tenure system. Bayat and Dehghanpour (2013) in the article "Motives of Muslim Arab Migration to Iran during the Conquest and its Consequences" consider the financial and booty-seeking motives as the main motivation for Arab migration and settlement in Iran. Turkmeni Azar (1387) in his analysis of peace agreements between Muslims and Iranians in the Islamic conquests believes that the religious motivation at the beginning of the conquests quickly turned into a power struggle with economic goals, and in this way, the natural rights of the people of the conquered areas were not given much attention.

    The findings of the research indicate that the scope of the government's involvement in the matter of land ownership and the methods of its exploitation, which had increased since the end of the Sassanid period, continued in the Islamic conquest. The process of settling Arabs in Iran, which lasted for about 2 centuries in three stages, brought about important changes in the rules of land ownership and exploitation. Arabs gradually made profound changes in the form and nature of land ownership and the methods of its transfer in the discussion of land ownership by relying on jurisprudential principles and some non-religious traditions taken from the traditions of the Arab or Iranian society. In this context, the conditions of the conquerors and the political and economic requirements, as well as the way of dealing with the natives, were decisive. The expansion of the Taljie method, which was in clear contradiction with private ownership, the Arabs' way of dealing with Khalsa properties, which seemed to be in agreement with the jurisprudence rules and some of Iran's previous civil traditions, ultimately caused a lot of confusion in the concept of ownership and exploitation methods. He created from the land. - The jurisprudential and customary disturbances in the land issue caused reforms such as the reforms of Umar Ibn Abdul Aziz, but these reforms widened the gap between the Sharia and the existing conditions.

Key words: Arab settlement in Iran, civil relations, civil rules, land ownership in Iran, Islamic land management.