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'''A study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law''' (in persian: [https://ency.feqhemoaser.com/fa/view/%D8%AA%D9%85%D9%84%DA%A9_%D8%A7%D8%B1%D8%A7%D8%B6%DB%8C_%D8%AA%D9%88%D8%B3%D8%B7_%D8%B4%D9%87%D8%B1%D8%AF%D8%A7%D8%B1%DB%8C%E2%80%8C%D9%87%D8%A7_%D8%A7%D8%B2_%D9%85%D9%86%D8%B8%D8%B1_%D9%81%D9%82%D9%87_%D9%88_%D8%AD%D9 تملک اراضی توسط شهرداری‌ها از منظر فقه و حقوق]), is a scholarly work in Persian that discusses the legitimacy of municipal ownership of private lands. The author, Reza Baghbani, focuses his research on private properties. He acknowledges the individuals' ownership of private lands based on such principles as the rule of ownership and mastery of people over their properties ([[Taslit]]) and the rule of liability for possession ([[Zeman yad]]), indicating that these rules suggest the precedence of private rights over public rights. However, he also acknowledges that public rights, due to their significance and the demands of justice, take precedence based on rules like '[[The principle of no harm|the principle of no harm]]' and '[[The negation of hardship rule|the negation of hardship rule]]'. Therefore, the author firmly believes that public rights are paramount, allowing municipalities to acquire private lands for the execution of public benefit projects. Nonetheless, he emphasizes that the implementation of such projects is conditional, with the most critical condition being the necessity of execution, such that failure to do so would harm the community.  
'''A study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law''' (in persian: [https://ency.feqhemoaser.com/fa/view/%D8%AA%D9%85%D9%84%DA%A9_%D8%A7%D8%B1%D8%A7%D8%B6%DB%8C_%D8%AA%D9%88%D8%B3%D8%B7_%D8%B4%D9%87%D8%B1%D8%AF%D8%A7%D8%B1%DB%8C%E2%80%8C%D9%87%D8%A7_%D8%A7%D8%B2_%D9%85%D9%86%D8%B8%D8%B1_%D9%81%D9%82%D9%87_%D9%88_%D8%AD%D9 تملک اراضی توسط شهرداری‌ها از منظر فقه و حقوق]), is a scholarly work in Persian that discusses the legitimacy of municipal ownership of private lands. The author, Reza Baghbani, focuses his research on private properties. He acknowledges the individuals' ownership of private lands based on such principles as the rule of ownership and mastery of people over their properties ([[Taslit]]) and the rule of liability for possession ([[Zeman yad]]), indicating that these rules suggest the precedence of private rights over public rights. However, he also acknowledges that public rights, due to their significance and the demands of justice, take precedence based on rules like '[[The principle of no harm|the principle of no harm]]' and '[[The negation of hardship rule|the negation of hardship rule]]'. Therefore, the author firmly believes that public rights are paramount, allowing municipalities to acquire private lands for the execution of public benefit projects. Nonetheless, he emphasizes that the implementation of such projects is conditional, with the most critical condition being the necessity of execution, such that failure to do so would harm the community.  
The author considers that pre- possession acquisition is permissible only when the implementation of the project is urgent; in such cases, acquisition can occur prior to possession. He does not regard consent, which is a prerequisite for the validity of a transaction, as applicable here, arguing that necessity renders the transaction valid without consent. In conclusion, he references the rights for which the municipality is obligated to compensate, including land and building rights, usufruct rights, easement rights, and others. He identifies legal means to secure these rights as monetary payment or non-monetary compensation, but asserts that municipalities also pursue other methods that are illogical and detrimental, such as granting extra construction density permits and land- use change.
The author considers that pre-possession acquisition is permissible only when the implementation of the project is urgent; in such cases, acquisition can occur prior to possession. He does not regard consent, which is a prerequisite for the validity of a transaction, as applicable here, arguing that necessity renders the transaction valid without consent. In conclusion, he references the rights for which the municipality is obligated to compensate, including land and building rights, usufruct rights, easement rights, and others. He identifies legal means to secure these rights as monetary payment or non-monetary compensation, but asserts that municipalities also pursue other methods that are illogical and detrimental, such as granting excess construction density rights (<nowiki>''</nowiki>tarākom<nowiki>''</nowiki>) or authorizing changes in land use (<nowiki>''</nowiki>taghyīr-e kārbari<nowiki>''</nowiki>).
==Book structure==
 
== Structure of the Book ==
"A Study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law", authored by Rezā Bāghbānī addresses the issue of municipal acquisition of privately owned land. This work, which serves as the author's thesis, has been published by the Khorasan Seminary publishing house.
"A Study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law", authored by Rezā Bāghbānī addresses the issue of municipal acquisition of privately owned land. This work, which serves as the author's thesis, has been published by the Khorasan Seminary publishing house.
The book consists of a preface and four sections. In the first section, the author discusses the fundamental principles and concepts required for the research across three chapters. The second section is dedicated to the conflict between private and public rights, with the first chapter addressing the foundations of the precedence of private rights over public rights, and the second chapter examining the foundations of the precedence of public rights over private rights. In the third section, the author explores the procedural stages of land acquisition, the issue of pre-possession acquisition, and the criteria for calculating prices and damages. The fourth section focuses on the rights of property owners in relation to land acquisition by municipalities and the methods by which municipalities can secure these rights, concluding with a summary and recommendations.
The book consists of a preface and four sections. In the first section, the author discusses the fundamental principles and concepts required for the research across three chapters. The second section is dedicated to the conflict between private and public rights, with the first chapter addressing the foundations of the precedence of private rights over public rights, and the second chapter examining the foundations of the precedence of public rights over private rights. In the third section, the author explores the procedural stages of land acquisition, the issue of pre-possession acquisition, and the criteria for calculating prices and damages. The fourth section focuses on the rights of property owners in relation to land acquisition by municipalities and the methods by which municipalities can secure these rights, concluding with a summary and recommendations.
==A new classification of land==
 
In the first section of the book, the author examines the term 'acquisition' and discusses various types of land in Islamic jurisprudence and law. He categorizes land into wasteland, barren land, and cultivated land, while also distinguishing urban land into public, endowment, and private categories. The author asserts that wasteland is considered state property and remains under government control; unlike in the past, it cannot be owned by individuals through reclamation. Consequently, municipalities must seek permission from the government to claim wasteland. Additionally, barren land, if abandoned by its owners, is transferred to the government without compensation. According to the author, cultivated land may be owned by the individual who reclaims it under certain conditions.
== Classification of Land ==
The author further elaborates on the various types of public lands that are owned collectively and cannot be subject to individual ownership. He posits that if the Endowment Organization deems it permissible to convert endowment lands that intersect with approved urban development plans, actions will be taken accordingly, while those that are not allowed by religious law should be leased for a significant duration.  
In the first section of the book, the author examines the term 'acquisition' and discusses various types of land in Islamic jurisprudence and law. He categorizes land into wasteland (<nowiki>''</nowiki>mawāt<nowiki>''</nowiki>), barren land (<nowiki>''bāyir''</nowiki>), and cultivated land (<nowiki>''dāyir''</nowiki>), while also distinguishing urban land into public, endowment (<nowiki>''waqf''</nowiki>), and private categories. The author asserts that wasteland (<nowiki>''</nowiki>mawāt<nowiki>''</nowiki>) is considered state property and remains under government control; unlike in the past, it cannot be owned by individuals through reclamation. Consequently, municipalities must seek permission from the government to claim wasteland (<nowiki>''</nowiki>mawāt<nowiki>''</nowiki>). Additionally, barren land (<nowiki>''bāyir''</nowiki>), if abandoned by its owners, is transferred to the government without compensation. According to the author, cultivated land (<nowiki>''dāyir''</nowiki>) may be owned by the individual who reclaims it (through <nowiki>''iḥyāʾ''</nowiki>) under certain conditions.  
 
The author further elaborates on the various types of public wealth (<nowiki>''anfāl''</nowiki>) that are owned collectively and cannot be subject to individual ownership. He posits that if the Endowment Organization deems it permissible to convert endowment lands that intersect with approved urban development plans, actions will be taken accordingly, while those that are not allowed by religious law should be leased for a significant duration.  


Concerning private lands, the author believes that municipalities are required to follow the relevant legal procedures for acquisition and purchase. In the third chapter of the first section, the author discusses topics such as the responsibilities of municipalities and their planning initiatives, claiming that urban plans infringe upon the absolute and extensive rights of property owners. He then addresses the concepts of city boundaries and zones, concluding with a historical overview of the legal framework surrounding land acquisition by municipalities in Iran (pp. 20-67).
Concerning private lands, the author believes that municipalities are required to follow the relevant legal procedures for acquisition and purchase. In the third chapter of the first section, the author discusses topics such as the responsibilities of municipalities and their planning initiatives, claiming that urban plans infringe upon the absolute and extensive rights of property owners. He then addresses the concepts of city boundaries and zones, concluding with a historical overview of the legal framework surrounding land acquisition by municipalities in Iran (pp. 20-67).
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In the first chapter of the fourth section, the author discusses the rights of property owners regarding land acquisition by municipalities. The most significant of these rights include ownership of the land (the owned property) and the fixtures (any material object that is attached to or associated with the land). The author further examines additional rights such as the right of usufruct (like the right of waqf), the right of easement, the right of mortgage, the right to engage in business or trade, and the right of leasehold. He asserts that municipalities should acknowledge these rights and compensate the owners for them at current market value (pp. 212-243).
In the first chapter of the fourth section, the author discusses the rights of property owners regarding land acquisition by municipalities. The most significant of these rights include ownership of the land (the owned property) and the fixtures (any material object that is attached to or associated with the land). The author further examines additional rights such as the right of usufruct (like the right of waqf), the right of easement, the right of mortgage, the right to engage in business or trade, and the right of leasehold. He asserts that municipalities should acknowledge these rights and compensate the owners for them at current market value (pp. 212-243).


In the second chapter, the author discusses the methods for securing the rights of property owners. According to him, the law provides two means for this purpose: one is monetary compensation, and the other is the provision of equivalent or non-monetary compensation. The author believes that municipalities employ additional methods not mentioned in the law to secure these rights, such as granting extra construction density permits and land -use change. However, the author considers these municipal actions to be illogical and detrimental (pp. 244-255).
In the second chapter, the author discusses the methods for securing the rights of property owners. According to him, the law provides two means for this purpose: one is monetary compensation, and the other is the provision of equivalent or non-monetary compensation. The author believes that municipalities employ additional methods not mentioned in the law to secure these rights, such as granting extra construction density permits and land-use change. However, the author considers these municipal actions to be illogical and detrimental (pp. 244-255).
[[fa:تملک اراضی توسط شهرداری‌ها از منظر فقه و حقوق]]
[[fa:تملک اراضی توسط شهرداری‌ها از منظر فقه و حقوق]]
[[category: book review]]
[[category: book review]]
[[category: books by abbas reza baghbani]]
[[category: books by abbas reza baghbani]]
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