State, Society, and Huquq: Rights-Based Governance and the Making of Urban Space in Amman, Jordan

Abstract

Urban planning in Jordan has long operated within technocratic and centralized models that remain institutionally and epistemically disconnected from the normative frameworks of social values and Islamic legal principles valued by many of its residents. This disjuncture is particularly visible in Amman, where imported planning systems, initially introduced under British colonial rule, displaced longstanding Islamic spatial practices grounded in jurisprudence, community ethics, and reciprocal obligation. Yet these Islamic planning rights, huquq, such as ihyaa’ al-ard (revivification of land), la darar wa la dirar (no harm and no reciprocating harm), and mulk tam (full ownership), continue to hold relevance beyond their historical origins and are increasingly invoked in grassroots negotiations over land, access, and authority. This dissertation investigates the status and potential reintegration of these rights into contemporary planning discourse and practice through a case study of Amman. It draws on interviews with key informants, narrative interpretations, planning documents, and policy texts to trace how institutions and communities interpret and operationalize huquq. This multi-layered empirical approach allows for an in-depth exploration of how formal institutions and everyday actors negotiate the meaning, relevance, and applicability of huquq in shaping urban life. Amman is a salient site for this study, as it exemplifies both the entrenchment of colonial planning legacies and the persistence of alternative rationalities in informal practice and community discourse.

The findings are developed across three chapters. The first chapter revisits the literature on Islamic cities through the lens of New Institutionalism, offering a framework for analyzing both the historical displacement and the continued potential of Islamic planning principles. With a specific focus on Jordan as a case study, the chapter illustrates how these principles, grounded in enduring normative commitments, may support the development of decolonized and community-responsive approaches to urban governance. It proposes an expanded institutionalist model that incorporates Islamic jurisprudential foundations, presenting them as a conceptual anchor and a practical guide for rethinking urban planning in contexts shaped by Muslim legal and epistemic traditions. The second chapter examines public and professional awareness of Islamic planning rights, revealing both fragmented understandings and significant potential for institutional reintegration if accompanied by curricular reform, participatory planning platforms, and juridical clarity. The third chapter analyzes institutional ambiguity and identifies ‘soft spots’ in the Jordanian planning system, zones of partial implementation, normative dissonance, or legal silence, where reinterpretations of huquq can re-emerge, while resisting the symbolic-functional divide that relegates these rights to moral rather than legal relevance.

Altogether, the dissertation repositions Islamic planning rights as viable tools for decolonial governance. It contributes to urban planning theory by offering a rights-based institutional framework grounded in Islamic jurisprudence and enriched by decolonial and sociological insights. In practice, it advocates for reforms that bridge ethical commitments and legal systems, re-embed local epistemologies into formal planning, and foster urban futures that are more just, responsive, and culturally resonant. Planning in Amman, the dissertation argues, need not remain alienated from the communities it governs. Through the principled revival of huquq, an alternative path toward legitimate, grounded urban governance becomes imaginable.