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A Study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law (Book): Difference between revisions

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'''• The rule of Zeman yad'''
'''• The rule of Zeman yad'''
After defining and citing the documentation of the rule of liability for possession (Zeman yad), the author considers usurpation to be one of the most significant instances of this rule. According to this rule, in cases of domination and control over someone else's property, the possessor is liable for any damages incurred to that property. The law, based on this rule, prevents unlawful encroachments by municipalities on property rights and obliges municipalities to reach agreements with property owners. However, this rule also has exceptions, such as in cases where the implementation of a project is urgent (pp. 90-98).
After defining and citing the documentation of the rule of liability for possession (Zeman yad), the author considers usurpation to be one of the most significant instances of this rule. According to this rule, in cases of domination and control over someone else's property, the possessor is liable for any damages incurred to that property. The law, based on this rule, prevents unlawful encroachments by municipalities on property rights and obliges municipalities to reach agreements with property owners. However, this rule also has exceptions, such as in cases where the implementation of a project is urgent (pp. 90-98).
'''• <code>The Sanctity of Muslim Property (<nowiki>''</nowiki>Ḥurmat Māl al-Muslim<nowiki>''</nowiki>)</code>'''
 
==== The Sanctity of Muslim Property (<nowiki>''</nowiki>Ḥurmat Māl al-Muslim<nowiki>''</nowiki>) ====
After defining and citing the documentation of this rule, Baghbani considers the legal provisions regarding usurpation and unauthorized transactions to be inspired by this rule and the rule of Zeman yad. He believes that the legal provisions present in the rule of Zeman yad are also applicable to this rule (pp. 98-101).
After defining and citing the documentation of this rule, Baghbani considers the legal provisions regarding usurpation and unauthorized transactions to be inspired by this rule and the rule of Zeman yad. He believes that the legal provisions present in the rule of Zeman yad are also applicable to this rule (pp. 98-101).