This paper illustrates how laws on desert land in contemporary Egypt have been shaped as part of state-led desert development processes since the 1950s. As modern state powers pervade all aspects of ordinary lives, laws represent an indispensable framework through which contemporary society engages with the state. First, the paper discusses Article 874 of Civil Law (Law No. 131 of 1948) on the acquisition of immovable property without owners, granting Egyptian citizens over desert plots, which they cultivate, plant or build on, even without state permission. Based on the Islamic principle of the “vivification of the dead land” (iḥyā’ al-mawāt), the Civil Law drafters established individual rights to desert land while disregarding state power as “weak ownership.” Article 874 was thus contested since the 1950s when the “1952 revolution” regime tightened its grip over the territory, most of which comprised vast desert. Law No. 124 of 1958 barred access to desert lands, requiring prior permission from the War Minister for exercising legal action. Law No. 100 of 1964 introduced a centralized system for selling, renting, and distributing desert land to citizens. Finally, Law No. 143 of 1981 enabled the investment and large-scale utilization of desert land. Consequently, those special laws revised Article 874 to prohibit individual seizure of desert land without permission. These provisions compose the legal framework that individuals in contemporary Egypt must navigate for pursuing desert land.

抄録全体を表示

The purpose of this article is to examine Adīb Isḥāq (1856–1884)’s interpretation of freedom and despotism. According to him, the population has already been deprived of its natural rights through social customs and manners, such as compulsory right-handedness in Europe and foot-binding in China. If so, it is evident that civil and political freedom is not guaranteed by the authoritarian tradition. The despotic state does not repress the people in the name of “repression” but creates, by giving the public the illusion of freedom, a triangular system of fear, jealousy, and mutual suspicion, as Montesquieu framed it. Additionally, the autocratic Khedival regime in Egypt at that time was strengthened by European colonialism. Under these circumstances, Isḥāq admitted the difficulty of banishing foreign powers by force of arms. He instead suggested gradual reforms, including the establishment of public education. According to him, compulsory education would be the only way to teach the public the value of freedom and isolating the cycle of authoritarianism – from the dictatorship of the state to the patriarchy of the family. His idea differed greatly from the conventional way of thinking of political thinkers of the time: the idea of the just despot. In short, Ishāq’s original, meticulous analysis of despotic power systems was an important contribution to the development of Arab political thought.

抄録全体を表示

Since the dissolution of the Ottoman Empire, secularism and nationalism have been regarded as the only means to religious coexistence in Egypt, home to various religious minorities, including Coptic Christians. However, the religious resurgence beginning in the 1970s and the increase in sectarian conflicts shows that religiosity in the Middle East has not necessarily faded and that coexistence through secularism has already reached its limit. While Islamic political movements are regarded as the main factor reigniting sectarian conflict, no attention has been paid to the movements within Islamic forces, which seek coexistence while respecting Egyptian religiosity. Based on this recognition, this paper is intended to shed light on the debates on religious coexistence under an Islamic state by a reformist group of Islamic intellectuals called the Islamic Centrist Trend. The author focuses in particular on the ideas of Salīm al-‘Awwā, an international lawyer belonging to this current. While advocating the values of Islamic civilization as the authoritative source of Egyptian state and society, al-‘Awwā argues the need for a liberal government under the rule of law and highlights the importance of human rights from an Islamic perspective. In conclusion, constructing the concepts of civilizational Islam and citizenship, Islamic centrist intellectuals have made efforts to theorize a more inclusive Islamic state that respects religious autonomy.

抄録全体を表示