"All the world's a stage we pass through." - R. Ayana

Wednesday, September 29, 2010

Allodial Earth: An Islamic Conception of Common Law, Land Rights and Ownership

Allodial Earth
An Islamic Conception of Common Law, Land Rights and Ownership

Written by Abdun Nur J.
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This is the first conceptual model outline of four basic models that combined to manifest Islam. It may be necessary to understand all four models before fully understanding each model independently.
All the Earth is allodial by its very nature, as are the fruits of the Earth. We did not create the abundance upon the Earth, but only enjoy its rewards.
An example:
If I plant a field of watermelons, the watermelons are the bounty of Allah, grown from the earth and out of the seed, and from the design of Allah, but the physical labour you invested in the planting of the seed - the preparing of the land, the harvesting and marketing of the watermelons - is what you have honestly earned and deserve in reward of your labour. So when you sell the watermelon, the watermelon itself is free, as it is the bounty of Allah, but the labour it took to reach its end user and consumer must be repaid by the end user and consumer.
Allah has provided you the materials, while you provide the labour; human energy is the true economy of Islam.
In the modern age men sell the bounty of Allah and profit from the abundance. They monopolise it and enslave their fellow man through the concept of ownership; but who gave them the right to sell something that they do not own? Who established they had a right to buy and sell the property of Allah - the Earth and its abundance?
Whoever it was, was a thief!
To buy and sell stolen goods is bad enough, but to buy and sell the stolen goods of Allah takes a brave man indeed. This is the Islamic model of ownership.
Allodial right is a situation where real property (land, buildings and fixtures) is held free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever (beyond single intentional actions of manifesting long term damage to surrounding property.)
Allodial lands are the absolute property of their custodian and not subject to any service or acknowledgement to a superior. This concept denies the legal power of municipal and state governments to tax property, on the basis that allodial title cannot be alienated by failure to pay those taxes.
Allodial title cannot be alienated by seizure by a creditor, as the claim of the foreclosure by the mortgagee is illegal. However, by its nature, allodial title cannot be mortgaged in the first place, and an attempt to create allodial title on land that is subject to encumbrance by debt is impossible.
Within Islam the entire Earth is allodial by its very nature.
Although allodial title cannot be lost, that also means that it cannot be transferred or encumbered without losing its allodial status. As such, when a property custodian dies and leaves custodianship to more than one heir, the conceptual allodial status of the property is lost. This situation must be resolved as quickly as possible, re-establishing the correct allodial status; the property must be divided, sold or allotted via agreement of the parties to settle and establish a single custodian (the meaning of the term ‘Caliph’). If this process fails to be accomplished the title reverts back to the community it exists within.
Allodial title cannot be mortgaged (as is common in a usury system). Moreover, as liens cannot attach to allodial title, it is difficult to finance improvements  to a property held in allodial title (if considered from the perspective of a usury system) as, once incorporated to the single custodian, the improvements become part of the allodial title and become exempt from lien or seizure of the property to pay a contractor's bill. The burden of responsibility to honour these debts, if established, is solely upon the custodian personally. Produce generated by the custodian from the property could be seized, as they represent their wealth - the labour invested within the goods produced from the property.
Allodial title cannot, in theory, be legally taken away against the will of the custodian. However, an allodial custodian can contractually give up allodial custodianship, and that allodial custodianship can be restored or sold (added value only) or passed on to a single heir. Allodial title cannot be exchanged by fraud; only by legitimate contract (For example you could not use your allodial property as a stake for a wager; that’s just the same as collateral for a loan).
Allodial property cannot be owned by a corporation, being a group recognised as an individual by legislation - a group colony of individuals, working in unity against the community for their own benefit. Only single individuals can hold allodial rights and custodianship under common law.
All property is allodial. Property without a custodian is held in trust by the local community, and allotted to individuals when the local community feels it appropriate. Otherwise it remains open to all to enjoy and for local community projects.
Land alone can have no saleable value. It can be given or exchanged for equal land in another location but not sold, as it is in custody only; however the fixed labour invested in the land - integral labour that forms added worth, such as making the land arable, buildings, crops; seasonal or annual, like trees - all have value and can be sold with the transferred obligations of the custodianship of the land itself.
If you irreparably damage the land as its custodian, through contaminating it with poisons, damaging its nature with cross species genetically modified crops, making it radioactive or by any long term effects that detrimentally effect not just your allodial land, but the surrounding lands through intentional assault, breaks the covenant and so voids the custodianship. Those responsible are held accountable for the cost and effort of rectifying the surrounding contamination. If the custodian damages their allodial land without affecting any surrounding land it is a crime between the custodian and Allah. But these abuses would have a bearing on the local community allocating new allodial custodianship in any future applications.
As the entire Earth is categorically allodial, the substance of the Earth itself would also be allodial. For example the minerals of the earth are free in and of themselves - it is only the labour and small equipment charge, and the cost of any consumables used in the extraction and purification and delivery of the minerals, that could be charged for something which no person could own (you would own the added value invested in the minerals after extraction and processing, so in effect own the minerals through that action, much like land use and the fruits it bears).
Within an allodial system only your labour would be chargeable above any overheads. The same concept would apply to crops and fruits; the labour value and overheads would be charged, but the bounty of Allah would always be freely given, and when true Muslim intent was prevalent this system would invigorate commodities and communities. No market of exploitation to hype the price beyond reason, no futures market to speculate on production, no investment market to gamble on price fluctuations, no monopolies to extort undeserved rewards from the weak and powerless.
For a sovereign to claim ownership and sell rights to mine any of these fruits of the Earth is against Islam. These things of the Earth are the bounty of Allah; they cannot be sold or monopolised.
When the Qur'an talks of hoarding Allah's bounty it is not in reference to saving coins or personal possessions, but the hoarding of the property of Allah - the Earth and the resources of the Earth.
'And let not those who covetously withhold of that which Allah has bestowed on them of His Bounty think that it is good for them. Nay, it will be worse for them; the things which they covetously withheld shall be tied to their necks like a collar on the Day of Resurrection.  And to Allah belongs the heritage of the Heavens and the earth: and Allah is well acquainted with all that you do.'  (Qur'an, Al-Imran 3:180)

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Modern land law
Ownership of property
The first thing to note about the legal profession is their abuse of the word law, as they exchange it so easily for what should be known as legislation; what is legal is legislation and what is lawful is common law. They attempt to confuse others with this abuse. In reality the legal profession knows very little about the law, but can be experts on legislation. I now wish to examine both legislation and common law as it relates to land.
The extent of personal land ownership, founded in definition from the subjugation by force of arms in 1066 within England, formally known as Albion:
'Cuius est solum eius est usque ad coelum et ad inferos'
Which means:
'He who owns the land owns everything 'up to the sky and down to the centre of the earth'.
This is legislated away with the following legislative acts:
In terms of downward ownership: so that coal and gas found under land are now subject to public (meaning Crown) ownership. (Petroleum Act 1934 - Coal Industry Act 1994). Other than that, items found buried in the soil are yours, unless constituting treasure trove, (Treasure Act 1996) in which case the treasure belongs to the Crown...”(Oxford Modern land law 4th edition) .
In the case of civil aircraft the matter is regulated by statute, Section 76 of the Civil Aircraft Act 1982.
A statute is a formal written enactment of legislative authority that governs a city, state or country. Again, not law but legislated rules, which is only binding upon registration to the corporate legislating body - being the Government in this case, also known as the Crown Corporation.
One speaks of ownership of a car yet, in the context of land, one does not, technically, refer to ownership of the land; instead, an abstract entity, known as an 'Estate' was created and one's ownership rights are defined by this abstract entity.”(Introduction to the Law of Property, 1958)

Modern legislative law is based upon the concept of the corporation. To perform this trick they must create the fiction of a corporation or corporate entity to apply upon each natural person, or the property of the natural person; without this legalistic fiction they would have no basis to act. This is the reason they will apply a title before your name in court - Mister, Mrs, Master, Miss, etc - or use a title in place of property as in ‘estate’. The entire land ownership fraud is based on fictions of ‘law’.
Within common law it is prohibited for a state, corporation or sovereign to exist; it is against common law. And the sovereigns know this, but do not want you to.
A corporation is an artificial person - invisible, intangible, and existing only in contemplation of legislation. Being the mere creature of legislation, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence. The attributes of the corporate structure are:
Immortality - allowed through a perpetual succession of many persons considered as acting as a single entity.
Individualityenables a corporation to manage its own affairs, hold property without perplexing intricacies of the hazardous and endless necessity of perpetual conveyances needed to transmit ownership from hand to hand.
A franchise - clothing bodies of men in free succession, with qualities and capacities capable of acting for the promotion of a particular object, like one immortal being.
A body politicvested under a special denomination of legislation to act as a united will of unified power, undisturbed by the change of members, enjoying legislated rights and privileges.
Limited liabilitythis provides many advantages to the corporation. It supports the suppression of financial liabilities, in compensation, reparations and remunerations; and in personal accountability, cloaking the guilty in the blanket of the corporate fiction and thereby limiting personal accountability for environmental destruction and pollution, social exploitation and enslavement.
Witness the food chain; corporate employees defile plants, animals and humans with poisons, genetically modified perversions of nature, chemical infusions etc, and act with impunity. They also steal via deceptions, creating wars, hardship and terrorism, and take away human liberties and natural rights from communities, families and individuals - additionally leaving creditors empty handed if the fiction of the indebted corporation is dissolved. This allows the corporation to externalise the greater portion of the risks of financial and moral liabilities, imposing them upon society at large.
http://www.greentechmedia.com/content/images/articles/hara-monopoly.jpg

Monopoly
Corporations of themselves are giant monopoly privileges, using the construct of copyright, economies of scale, the ability to dictate price and terms of supply and the legislation of privileges - such as the printing of money for the cost of printing in the case of the Central Corporate Banks for example, which are a coercive monopoly. Even in the small scale, corporation is structured on monopoly - taking the fruits of the labour of the employees and monopolising this to the advantage of the financiers. Another simple example of coercive monopoly would be Microsoft, where they dominate through enforced copyright resulting in a poor quality product almost free of competition. The state itself is the most extreme coercive monopoly as they use violence and intimidation to enforce a perceived compulsory monopoly.
The roots of the corporation go back deep into history. The word "corporation" derives from corpus, the Latin word for body, or a "body of people". The structure of corporations existed in ancient Rome and the ancient Indian Empire of Maurya, and continued into the modern world from its ancient existence. It evolved from the evolution of the failed brutal Roman Empire, as it collapsed under the exploitations of usury, transforming into the blind faith and mental enslavement of the Roman Catholic Church - the largest corporation in the world, as it incorporates many subordinate corporations within it.
Common law ownership:
Inalienable rights are also known as natural rights or universal rights. Only through trickery and confusion can we be robbed of them; this is the job of the legal profession. They work to prevent you having allodial property ownership, as this would be an inalienable right. They create a fiction which is the abstract entity of ‘estate’ as described above.
English law has never embraced the concept of absolute ownership of land. The closest it has come to doing so is when a person is registered as the proprietor of land with an absolute title. Even then, however, as will be seen, that person's title is not indefeasible. Where title to the land is unregistered, this is even more the case. All that a person can do is to demonstrate that he has the better right to possess the land than anyone else.”(Modern Land Law 4th edition.)
English land law only existed upon the creation of the constructs established from 1066, in subduing the original Albic nation - which used an allodial land system, and was additionally not a Roman Catholic enclave (See ‘King Offa of Mercia’ {Northern Britain} via http://newilluminati.blog-city.com/hidden_histories_of_the_british_isles.htm ).
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How do they justify their right to buy and sell the earth?
To make better rights impossible the proof would have to start with the granting to Adam and Eve, but even then this was save and except the Garden of Eden, and one is not even sure if they took as joint tenants or tenants in common....”(Ferrand, Contract and Conveyance 4th edition.)
"…to work it and watch over it…"(Bible, Old Testament, Genesis)
The very foundation of the legal right establishing a sovereign’s ownership, to buy and sell, is a lie. Adam and Eve were never given the Earth as owners [even in one accepts this as a valid basis for land ownership]; only as custodians with obligations and restrictions.
After the Norman invasion in 1066, a rigorous feudal structure was imposed upon the country. Central to it was the notion, still true to this day, that all the land belonged to the Crown.- This process led to the formation of a feudal pyramid.”(An Introduction to the History of Land Law 1961 Ch. 1)
William the Bastard (Conqueror) never purchased the land of Albion, nor took any legal ownership that could be supported. He murdered the allodial property owners and held it by force, changing the name from Albion to England, which explains this:
The fact of possession of a chattel of itself gives to the possessor a possessory title and the possessor is entitled to rely on such title without reference to the circumstances in which such possession was obtained; his entitlement to do so is not prejudiced by the fact that he obtained such possession unlawfully or by an illegal transaction.” (Ibid. At 157. Contrast Hibbert v. McKiernan 1948)
William the Bastard was in subjugation to the Pope, and established the Crown as owner of the land and all upon it. Later King John of England (king 6th April 1199 - 19th Oct 1216) was excommunicated from the Church. To meet Roman demands before he would be re-embraced, he surrendered the crown rights of ownership to the Roman Catholic Church, making them the Crown corporation - the legal but not lawful owners of England, given as a Papal Legate to Bishop Pandulph in May 1213.
Two years later at the point of a sword, King John signed the Magna Carta Libertatum (the Great Charter of Freedoms – 1215). This charter was written by the Archbishop of Canterbury Stephen Langton, the papal legate (personal representative of the Pope to a foreign land) ex officio (from the office – or – by right of office), for the protection of the contract establishing the Church as the corporate owner of England, through the manipulation of the barons and lords.
However Pope Innocent III publicly declared outrage at the "shameful and demeaning agreement, forced upon the King by violence and fear." He rejected any call for restraints on the King, saying it impaired John's dignity. He pretended it was an affront to the Church's authority over the King and the 'papal territories' of England and Ireland, and he released John from his oath to obey it; of course the barons and lords made certain it was obeyed. The Crown Corporation is the legal owner of England as maintained through legal fictions, standing in direct conflict with Common Law.
The crown seated its authority within a square mile of London, known as the City. They issued a Charter for the 'City' of London within the twelfth century, granted by Henry I. Among other thing this charter grants:
“…a justice, whomsoever they please from among themselves, to keep the pleas of my crown and try them, and no other man is to be justice over the said men of London. And the citizens (of the City) shall not be impleaded (sued in a court of law) in any plea outside the walls of the city... And with regard to lands... I will on their behalf maintain justice according to the law of the city.” (Borough Customs, Selden Society, Vols. 18 and 21(1904-6) Mary Bateson, And British Borough Charters, 1216-1307 (1923) A. Ballard and J. Tait)
It remains theoretically true to say that all land is held from the Crown. The idea that one does not actually own the thing itself but rather has an interest in it, is also what underlies the theoretical basis of landholding in this country.” (Modern Land Law 4th edition)
...it is now assumed that an owner of land holds directly from the Crown as tenant in Chief but without the provision of any service in respect of that holding. The effect of the statute 'Quia Emptores' is that, when a house is sold, the purchaser replaces the vendor as the tenant in chief, holding the land directly from the Crown.”(Modern Land Law 4th edn)

Conclusion

The real hurdle most people have to overcome consciously is to stop conferring authority to the state, sovereigns or corporations; to take what is yours is a difficult thing, to believe someone else has ownership of your labour, or the natural resources of Allah, is the result of a lifetime of propaganda, social conditioning and never being exposed to the alternative true natural social order.
So just taking the land, under the natural allodial order of the Earth is suggested, without registering it to the corporate state; as when you register it, you give ownership over to the corporation you register it to (how insane is that?). Yet for most people the subjugation is so deeply ingrained they cannot even consider not paying for the land, and would never refuse to register it and so give ownership away.
The answer to this is simple. If you wish to buy a home, farm or business premises from an individual who themselves have paid and worked to create the added value upon the land, then pay for the property and take the documentation they provide - however, do not register anything with the state or any other corporate fiction.
Through the societal contract you have bound yourself to, establish a new document of allodial ownership based on common law, lawfully drawn up and free of all and any legislation. This new document can be copied and stored, in case of loss or accidental destruction, with a community based administrator or at another secure location.
This concept would only be applicable to a living human being, (under common law only living human beings exist, no fictions of states, corporations or monarchies are recognised). You could not buy the land or a property from a corporation as they are a fiction, so the corporation cannot be validated through buying the property of Allah from them.
This action requires the refusal to pay any tribute to the corporation or state that has unlawfully declared the land as the unlawful fiction of estate, standing together united as a community to hold what is yours free of taxation of any kind.

‘…the plaintiff cannot recover but upon the strength of his own title. He cannot found a claim upon the weakness of the defendant's title. For possession gives the defendant a right against every man who cannot show a good title.'(Roe d. Haldane v. Harvey 1769)
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public (Crown)interest and subject to the conditions provided for by law [meaning legislation] and by the general principles of international law [meaning international legislation].” (Human Rights Act 1998 Article 1)
Section 15 of the Limitation Act 1980 provides that no action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him, or if first accrued to some person through whom he claims, that person.” (Modern Land Law 4th edn).
[4:132]   ‘To Allah belongs everything in the heavens and the earth, and Allah is the only Protector.’
2: 255 - 2:284 - 3:109 - 3:129 - 3:189 - 4:126 - 4:131 - 4:170 - 4:172 - 5:17 - 5:18 - 5:120 - 6:12 - 7:128 Etc.

 

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1 comment:

  1. I enjoyed reading this whole page, so insightful! however if anyone in england claims land as a custodian through god, then holds the land by creating an allodial title to the land. whats to stop the crown from taking it off me if they claim its for public interest, or does the jury have a final say?

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