Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-02
WOMEN PERMITTED TO OWN
PROPERTY 1000 YEARS AGO
Conveyancing Had Well Defined Rules for
Protection in Laws of All Ancient
Legal Systems.

PEOPLE who think that the tndepend-
ence of women is something new will be
interested to learn that women could
own property in their own right 1000
years ago in the Grecian city OF Cor
tyna, on the Island OF Crete.
The conveyancing or transfer OF prop
erty had well defined rules for the pro-
lection of the property owner in the
laws of all the ancient legal systems In
the world, according to DR.. John Henry
Wigmore, professor OF law at North
western University, Chicago, acknowl-
edged authority on legal contracts, who
has lust published a tl1ree-volume book
entitled "a Panorama of the Worlds
Legal Systems" DR.. Wigmore spent 10
years on this work, the first Of its kind
to be attempted.
Arabic Deed Dated 1890.
The longest real estate deed in the
world, recently discovered, Is written In
Arabic and dates from the 1500's, says
Dr. Wigmore in his chapters on the
Islamic or Mohammedan Legal System.
This deed, which established trust in
favor of the grantor's heirs and freed
men, is in the Khedivial (RoyaD Lii
brary at Cairo.
"Conveyancing Of property in the
Islamic system reached development
well comparable with that of the mod
ern Anglican system, not only in the
standard forms but also in the tech
nical concepts" says DR.. Wigmore. 1.-THE
'Wakf' or trust exhibits the
remarkable juristic instinct of the Arab
thinkers. In the 'wakf' they invented
a legal concept which equals. II not ex-
GELS, in originality and practical utility,
the Anglican trust; 1t combines the
- @a oh All.
table foundation. The grantor trans
fers the bare legal title to God, and ap-
points an administrator to manage the
property for the beneficiary; thus there
are four parties TO the transaction. This
expedient has proved 50 flexible and so
popular that In the Ottoman Empire
three-fourths Of the city lands were
held by this tenure"
The Koran, the great bible Of the
Arabs, the Word Of God" written by
Mohommed in the sixth century, Is the
source of Islamic law that still governs
250,000.o 900 people.
Made Aims With Property.
At present in this country, land for
mally dedicated to public use can never
be used for any other purpose. Over a
thousand years ago, the Prophet Mo-
manned wrote: "Ibn Omar relates
that Omar, In the lifetime of the mes
senger of God, made aims of one of his
properties called Tsamgh, which con-
sisted of palm grove. Omar said: o
messenger of God, possess a property
which is precious to me and would
make aims with It, The prophet re-
piled: Give it in aims but provide that
1t shall never be sold nor given away
nor divided among heirs. but the fruits
of it shall be used So Omar made
aims with the property, dedicating 1t to
the use of the holy war, the ransom of
slaves, and the support Of the poor, of
guests, of travellers, and of kindred"
On the distribution of an estate the
Koran, sect. ", verse IL, says: God
bids that, in distributing an estate, a
son receive as much as two daughters;
II only daughters remain, and more
than two, they receive two-thirdS of the
estate; II only one, the half. Father
and mother shall have each orae-sixth,
If there is a child; II none and parents
take, the mother has one-third; If
brothers survive, the mother takes one
sixth; provided that legacies and debts
be first paid"
In the eighth century the use of writ
ten deeds had spread northward from
Italy; but the deeds were in Latin and
we're prepared by scribe, and usually
neither the grantor nor the grantee
could read the document. The clergy
and the monks were the only educated
people at that time. As late as the