Land Ownership in the Middle Euphrates during the Monarchy (1921-1958)

Abstract

        Numerous attempts were made to reform the agricultural sector in Iraq during the monarchy (1921-1958). This sector suffered from continuous conflicts between large landowners and peasants over land ownership and the dominance of feudalism، a legacy of the Ottoman era (1831-1920). Under Ottoman rule، the peasant was essentially a slave to the land، receiving only enough sustenance to keep him alive and working it. This system، which persisted throughout the Ottoman and British Mandate periods، ultimately led to the establishment of feudalism as the dominant system in the agricultural sector. This resulted in the emergence of a class of landowners and feudal lords who controlled vast estates and large tracts of fertile agricultural land at the expense of the majority of the population.

    Despite this، successive governments sought to address the problem of feudalism and mitigate its effects over time through various solutions. Several laws were enacted، perhaps the most significant being those proposed by the British expert Dawson. His suggestions were incorporated into the Iraqi Land Settlement and Tenure Law. Law No. 51 of 1932، enacted during the monarchy، granted a portion of state-owned land to a number of individuals under a leasehold system. This led to the emergence of a type of leasehold system largely monopolized by sheikhs and large landowners، at the expense of the peasants who constituted the vast majority of society. When Civil Law No. 40 of 1951 was issued، it formalized the leasehold system and land settlement in a way that entrenched private ownership and affirmed the rights of landowners، sheikhs، and owners of large agricultural estates. Article 1050 of the Civil Law stipulated that "No person may be deprived of their property except under the circumstances and in the manner prescribed by law، and in return for just compensation paid to them." These laws established land ownership rights، consolidated the legal system، and settled land disputes for more than half a century.