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Mawat

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English is not my first language, so I would like to make an edit request here:

The land was either mostly rocky and hilly, or marshland, and was regarded by the Mandate government, which had maintained the [[Ottoman Land Code of 1858]], as ''[[Ottoman Land Code of 1858#Land classification|mawat]]'' (uninhabited/uncultivated). A [[Concessions in Mandatory Palestine|government concession]] was leased to the [[Palestine Jewish Colonization Association]] (PJCA or PICA) in 1921.[FN 1] The two groups which sedentarized<sup class="noprint Inline-Template " style="margin-left:0.1em; white-space:nowrap;">[<i>[[Wikipedia:Please clarify|<span title="Prob.poor translation. Bedouin who became sedentary there? Inhabited? Made habitable? (October 2023)">clarification needed</span>]]</i>]</sup> the area, 'Arab al-Ghawarneh' and 'Arab Kabbara', comprised 79 families and 13 families respectively in the 1920s; the Mandate government concluded that although state lands which were occupied by Arabs could not be allocated for Jewish settlement, this area would be made an exception.[FN 2]
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The land, which was was either mostly rocky and hilly, or marshland, had once been privately owned by [[Abdul Hamid II]] and had subsequently become "state land" under the possession of the British Mandate.[FN 3-4] It served as grazing land for 79 [[Bedouin]] families from the 'Arab al-Ghawarneh' tribe and 13 families from the 'Arab Kabbara' tribe, thus qualifying it as so-called '[[Ottoman Land Code of 1858#Land classification|matruka]]' land. During the British Mandate, three Zionist villages were established on the outskirts of the marshes, prompting the [[Palestine Jewish Colonization Association]] (PJCA) to seek to purchase the wetlands for drainage and development. This would not have been possible with 'matruka' land; however, the British declared the land '[[Ottoman Land Code of 1858#Land classification|mawat]]' ("dead land") and leased a [[Concessions in Mandatory Palestine|government concession]] to the PJCA to purchase and drain it.[FN 5-7]
  • Why it should be changed: The legal issue referenced by Kedar et al. in the cited source is not very clear from the wording; the reformulation should make it more understandable. I also added some literature.
    The "sedenterized" tagged with "clarification needed" is a quote from Forman/Kedar, p. 506: "At the onset of British rule in Palestine, the Zor al-Zarqa area was home to two sedentarizing (previously semi-nomadic) groups." They emphasize this because the representative of the Mandate government denied the Bedouins property rights and thus the matruka status of the land, arguing that Bedouins living in tents could not be considered "settled," and therefore their grazing land could not be regarded as the pastureland of their settlements. Emphasizing this is not necessary in Wikipedia; this is also because it was one of the few cases where the land rights of the Bedouins were documented (cf. ibid.) (and still disregarded).

  1. ^ Forman, Geremy; Kedar, Alexandre (July 2003). "Colonialism, Colonization, and Land Law in Mandate Palestine: The Zor al-Zarqa and Barrat Qisarya Land Disputes in Historical Perspective" (PDF). Theoretical Inquiries in Law. 4 (2): 490–539. doi:10.2202/1565-3404.1074. S2CID 143607114. Jewish colonization-related operations moved forward in the area during the Mandate. The PJCA drained the Kabbara marshes during the 1920s and forested parts of Barrat Qisarya (even though the project never appeared in official documents as a state concession), and two new settlements were established on the periphery of the area: Ma'ayan Tzvi in 1938 (adjacent to Zikhron Yaa'akov) and Sedot Yam in 1940 (just south of the town of Qisarya)… Still, Zor al-Zarqa and Barrat Qisarya were not totally transformed under British rule, and until the end of the Mandate, Jewish colonization never penetrated their core. Complete "Judaization" was facilitated by the 1948 War... and the establishment of the State of Israel, when the area was depopulated of virtually all of its Arab residents. Only 'Arab al-Ghawarneh, who had accepted land at Jisr al-Zarqa as part of a settlement agreement reached with the PJCA over twenty years earlier, remained on their land. The three years following 1948 witnessed the quick appearance of three new settlements in the area: Ma'agan Michael in 1949; Beit-Hananya in 1950; and Or-'Aqiva in 1951. The rapid pace of Jewish settlement expansion, in conjunction with the quick overall development of the area, stood in stark contrast to the drawn-out disputes that characterized the Mandate period, during which some local residents had successfully used the colonial legal system to defend their rights and remain on the land.
  2. ^ Forman, Geremy; Kedar, Alexandre (July 2003). "Colonialism, Colonization, and Land Law in Mandate Palestine: The Zor al-Zarqa and Barrat Qisarya Land Disputes in Historical Perspective" (PDF). Theoretical Inquiries in Law. 4 (2): 490–539. doi:10.2202/1565-3404.1074. S2CID 143607114. In addition, while Mandate officials quickly concluded that the majority of state lands were occupied by Arab tenants and could not be allocated for Jewish settlement, Zor al-Zarqa and Barrat Qisarya were designated as exceptions to this policy. In this way, the British-adopted Jewish interest of encouraging "close settlement by Jews on the land, including State lands and waste land not required for public use" played a role in British considerations throughout the evolving disputes. However, Mandate officials acknowledged this fact very rarely.
  3. ^ Roy S. Fischel, Ruth Kark: Sultan Abdülhamid II and Palestine: Private lands and imperial policy. New Perspectives on Turkey 39. p. 156-158, 162.
  4. ^ Seth J. Frantzman, Ruth Kark: Bedouin Settlement in Late Ottoman and British Mandatory Palestine: Influence on the Cultural and Environmental Landscape, 1870-1948. New Middle Eastern Studies 1, 2011. p. 7.
  5. ^ Geremy Forman, Alexandre Kedar: Colonialism, Colonization, and Land Law in Mandate Palestine: The Zor al-Zarqa and Barrat Qisarya Land Disputes in Historical Perspectives. Theoretical Inquries in Law 4 (2), 2003. p. 520 f.
  6. ^ Meron Rapoport (2010-07-10). "A Classic Zionist Story". Haaretz. Retrieved 2024-06-14.
  7. ^ Nona Golan (2022): The Geo-Legal History of the Kabarra Wetland & al-Gawarna People in Israel/Palestine. Undergraduate Thesis. p. 6 f.

DaWalda (talk) 14:05, 14 June 2024 (UTC)[reply]