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Dissertation_Dr Faisal Almubarak

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157<br />

development, no master plans, and no strong legislative controls existed. None of the<br />

apparatuses typical of modem urban planning under an established state were developed.<br />

The modern modes of transportation and systematic intervention and large-scale urban<br />

production under the auspices of a powerful central state seemed, prior to the discovery<br />

of oil, centuries away. Finally, adding new land uses such as houses, commercial uses or<br />

farmland was done only after securing the affected parties' rights.<br />

D. Land Ownership and Distribution.<br />

Settlement growth was slow and simple, residents encroached on raw land as need<br />

arose. Incremental appropriation of new land conformed to the slow demographic pace,<br />

increases in population were occasionally countered by abrupt natural disasters and<br />

random fatal clashes among settlements' populations and or with marauding nomads.<br />

Austere, subsistence economies offered limited financial resources, a factor which<br />

diminished the economic viability of town expansion to the political leadership. Under<br />

such conditions, urban growth was economically irrelevant, for land was perceived as a<br />

social resource, rather than for its exchange value. Moreover, the Islamic principle of<br />

shufah was acknowledged under the Islamic legal code. Under the shufah principle, a<br />

neighbor was given priority to buy next door properties at the given exchange price. As<br />

such, shufah helped form quarters which housed relatives though they belonged to<br />

different incomes categories.<br />

Documentation of growth, legislation and building activity was virtually<br />

nonexistent. Typically, ownership was established once converted into urban or<br />

productive uses. Legal registry of property was seldom needed, if required it was usually<br />

handled by the town's clergy. Property title was based on conventional recognition by the<br />

community. 1 ' 3 Land ownership was identified with its users. If a dispute arose, witnesses<br />

were summoned and the amir or the qadi resolved the dispute. Finally, lots were<br />

irregular, development (e.g. buildings and farmland) determined land layout and,<br />

ultimately, the town's configuration (whereas in modern built forms, lot dimensions are<br />

set beforehand, taking the form of large parcels laid at one time.

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