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“One of the most spectacular lawsuits ever launched”: Abdülhamid's heirs, his lands and the land case in Palestine, 1908-1950

Published online by Cambridge University Press:  21 July 2015

Ruth Kark
Affiliation:
Department of Geography, The Hebrew University of Jerusalem, mskark@mscc.huji.ac.il
Seth J. Frantzman
Affiliation:
Department of Geography, Hebrew University of Jerusalem, sfrantzman@hotmail.com

Abstract

This paper is a sequel to Fischel and Kark's study on the private lands owned by Sultan Abdülhamid II (1842-1918, ruled 1876-1909) in Palestine and analyzes their fate after his forced abdication. In particular, we examine the court cases that arose around these lands, cases which were initiated by his heirs after 1920. For 28 years the heirs, led by his eldest son, Mohammad Selim and his daughter Amina Namika, approached half a dozen governments in the Middle East and Europe to regain the properties they claimed. The appeals represented a test of the British colonial legal system as well as issues of land settlement and the role of foreign courts in interpreting Turkish and Ottoman law. We furthermore examine the disposition of the sultan's lands from his abdication in 1909 to the last attempts by his heirs to recover them from the State of Israel in 1950, the general context of his lands in the Middle East as a whole, and the legal precedent set by the Mandatory Palestine court cases.

Type
Articles
Copyright
Copyright © New Perspectives on Turkey 2010

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References

“The Integrated Census in Israel.” Israel: Central Bureau of Statistics, 2005.Google Scholar
“Village Statistics, 1938.” Palestine Department of Statistics, 1938.Google Scholar
“Village Statistics, 1945.” Palestine Department of Statistics, 1945.Google Scholar
Anonymous author. “Abdul Hamid Case Appeal Opened.” Palestine Post, 5 June 1939, 2.Google Scholar
Anonymous author. “Law Reports.” Palestine Post, 1 November 1937, 2.Google Scholar
Anonymous author. “Litigation Began 11 Years Ago.” Palestine Post, 4 December 1945, 3.Google Scholar
Anonymous author. “Princess Loses Land Claim.” Palestine Post, 18 January 1946, 3.Google Scholar
Anonymous author. “Privy Council Committee to Hear Muharraqa Land Case.” Palestine Post, 16 May 1939.Google Scholar
Anonymous author. “Roundabout by Postman.” Palestine Post, 29 March 1936.Google Scholar
Anonymous author. “Sultan's Heirs Lose Appeal.” Palestine Post, 2 April 1947, 2. See Treasury Solicitor to Winston Geddes, 17 August, 1934, 2/760M/3.Google Scholar
Anonymous author. “Sultan's Heirs Successful in Land Test Case.” Palestine Post, 19 November 1937, 1.Google Scholar
Bali, Rıfat N.Sami Günzberg: Sarayı ve Cumhuriyetin Dişçibaşısı. İstanbul: Kitabevi, 2007.Google Scholar
Bentwich, Norman. “Palestine Appeal before Privy Council.” Palestine Post, 5 June 1941, 4.Google Scholar
Bunton, Martin. Colonial Land Policies in Palestine, 1917-1936. Oxford: Oxford University Press, 2007.CrossRefGoogle Scholar
Bunton, Martin. “Demarcating the British Colonial State: Land Settlement in the Palestine Jiftlik Villages of Safad and Qazaza.” In New Perspectives of Property and Land in the Middle East, edited by Owen, Roger: Harvard University Press, 2000.Google Scholar
Bunton, Martin. “Inventing the Status Quo: Ottoman Land-Law During the Palestine Mandate, 1917-1936.” The International History Review 21, no. 1 (1999): 2856.CrossRefGoogle Scholar
Fawcet, Webster. “50 Million Law Suit in Jaffa Court, Abdul Hamid's Estate.” Palestine Post, 23 November 1945. 5.Google Scholar
Fischel, Roy. ‘Sultan Abdülhamid II (1876-1909) and Palestine: Imperial Policy and Private Lands.” Unpublished MA Thesis, The Hebrew University of Jerusalem, 2006.Google Scholar
Fischel, Roy, and Kark, Ruth. “Sultan Abdülhamid II and Palestine: Private Lands and Imperial Policy.” New Perspectives on Turkey, no. 39 (2008): 129–66.Google Scholar
Forman, Geremy, and Kedar, Alexandre. “Colonialism, Colonization and Land Law in Mandate Palestine: The Zor al-Zarqa and Barrat Qisarya Land Disputes in Historical Perspective.” Theoretical Inquiries in Law 4, no. 2 (2003): 491539.CrossRefGoogle Scholar
From our correspondent. “14 Princes and Palestine.” Palestine Post, 19 May 1937.Google Scholar
Goadby, Frederic M., and Doukhan, Moses J.. The Land Law of Palestine. Tel-Aviv: Shoshani Printing Co., 1935.Google Scholar
Corvett, Jon. “Homeowners in Cyprus Turn to British Courts.” New York Times, 10 July 2009.Google Scholar
Hasson, Nir. “Turkish Documents Prove Arabs Own E. Jerusalem Building.” Haaretz, 19 March 2009.Google Scholar
İnalcık, Halil. “Çiftlik.” In Encyclopedia of Islam, 2nd ed., 3233.Google Scholar
İslamoğlu, Huri. “Property as a Contested Domain: A Réévaluation of the Ottoman Land Code of 1858.” In New Perspectives on Property and Land in the Middle East, edited by Owen, Roger, 361. Cambridge, MA: Harvard University Press, 2000.Google Scholar
Jwaideh, Albertine. “The Sanniya of Sultan Abdul Hamid II in Iraq.” In Arabic and Islamic Studies in Honor of H.A. R. Gibb, edited by Makdisi, George. Leiden: Brill, 1965.Google Scholar
Kark, Ruth, and Frantzman, Seth. “From Nomadism to Jewish Settlement: Bedouin, Abdul Hamid, British Land Settlement and Zionism: The Baysan Valley and Sub-District 1831-1948.” Israel Studies (in press).Google Scholar
Karpat, Kemal H.Ottoman Immigration Policies and Settlement in Palestine.” In Settlers Regimes in Africa and the Arab World, edited by Abu-Lughod, Ibrahim and Laban, Baha Abu, 772. Wilmett: Medina University Press, 1974.Google Scholar
Kedar, Alexander. “On the Legal Geography of Ethnocratic Settler States: Notes Towards a Research Agenda.” Current Legal Issues 5 (2003): 401–44.Google Scholar
Kissinger, Henry. “The Pitfalls of Universal Jurisdiction.” Foreign Affairs (July/August 2001), http://www.foreignaffairs.org/20010701faessay4996/henry-a-kissinger/the-pitfalls-of-universal-jurisdiction.html.CrossRefGoogle Scholar
Koçak, Cemil II. Abdülhamid'in Mirası. İstanbul: ARBA, 1990.Google Scholar
Kramer, Martin. “Shaykh Maraghi's Mission to the Hijaz, 1925.” Asian and African Studies (Haifa) 16, no. 1 (1982), http://sandbox.blog-city.com/shaykh_maraghis_mission_to_the_hijaz_1925.htm.Google Scholar
LeVine, Mark. “Land, Law and the Planning of Empire: Jaffa and Tel Aviv During the Late Ottoman and Mandate Periods.” In Constituting Modernity, Private Property in the East and West, edited by İslamoğlu, Huri, 100–46. London: I.B. Tauris, 2004.Google Scholar
Mills, E. [Superintendent of Census]. “Census of Palestine, 1931.” Jerusalem, July 1932.Google Scholar
Orhonlu, Cengiz. “Khazīne.” In Encyclopedia of Islam, 2nd ed., 1183–86.Google Scholar
Owen, Roger, ed. New Perspectives of Property and Land in the Middle East: Harvard University Press, 2000.Google Scholar
Özbek, Nadir. “Imperial Gifts and Sultanic Legitimation During the Late Ottoman Empire, 1876-1909.” In Poverty and Charity in Middle Eastern Contexts, edited by Bonner, Michael, Ener, Mine and Singer, Amy, 203–20. Albany: State University of New York Press, 2003.Google Scholar
Quataert, Donald. “The Age of Reforms, 1812-1914.” In Economic and Social History of the Ottoman Empire, 1300-1914, edited by İnalcık, Halil and Quataert, Donald, 759933. Cambridge: Cambridge University Press, 1994.Google Scholar
Sami, E. Mahmud. The Quest for Sultan Abdülhamid's Oil Assets: His Heirs Legal Battle for Their Rights. İstanbul: İsis Press, 2006.Google Scholar
Stein, Kenneth W.The Land Question in Palestine, 1917-1939. Chapel Hill: University of North Carolina Press, 1984.Google Scholar
Şensözen, Vasfì. Osmanoğulları'nın Varlıkları ve II, Abdülhamid'in Emlakı. Ankara: Türk Tarih Kurumu Basimevi, 1982.Google Scholar
Terzi, Arzu T.Hazine-i Hassa Nezareti. Ankara: Tarih Kurumu Basımevi, 2000.Google Scholar
Veinstein, Gilles. “On the Çiftlik Debate.” In Landholding and Commercial Agriculture in the Middle East, edited by Keyder, Çağlar and Tabak, Faruk, 3553. Albany: State University of New York Press, 1991.Google Scholar
Yılmaz, Mehmet. “Policy of Immigrant Settlement of the Ottoman State in the 19th Century.” ın The Great Ottoman-Turkish Civilisation, edited by Çiçek, K., 594608. Ankara: Yeni Türkiye, 2000.Google Scholar