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THE EFFECT OF MILITARY CONQUEST ON PRIVATE OWNERSHIP IN JEWISH AND ISLAMIC LAW
2016
The Journal of Law and Religion
This article presents the legal outlooks of two fundamental religious judicial systems—the halakha of Judaism and the shari'a of Islam—on the effect of war on private ownership. Specifically, we address the situation in which the conquered inhabitants are Jews or Muslims and halakha or shari'a are the legal systems of their religions, respectively, but the conqueror is a nonbeliever or secular sovereign. Such situations evoke the following questions: To what extent the transfer of ownership by
doi:10.1017/jlr.2016.22
fatcat:rf76pe2amfdybbgqrmb45kyrfe