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 Dominion (<nowiki>''Taṣlīṭ''</nowiki>) ==== | ==== The Rule of Dominion (<nowiki>''Taṣlīṭ''</nowiki>) ==== | ||
The author elucidates the concept of the rule of ownership and mastery of people over their properties (Taṣlīṭ) and presents its supporting documents, referencing legal provisions influenced by this rule, including Articles 30 and 31 of the Civil Code, which state that "every owner has the right to all forms of possession and benefit from their property, except in cases where the law provides otherwise." Furthermore, it is stated that "no property can be removed from the possession of its owner except by legal decree." The writer argues that municipalities are required to compensate for private properties when they seek to acquire ownership rights of individuals; however, he also notes that this rule has lost its original sense in contemporary law, having been subject to numerous exceptions and now limited by the condition of not causing harm to society. He believes that even within religious law, there are restrictions on this rule, such as the prohibition of ownership over certain items like alcohol, and the restriction of dominion in cases where it may harm others, among others. (pp. 80-90). | The author elucidates the concept of the rule of ownership and mastery of people over their properties (Taṣlīṭ) and presents its supporting documents, referencing legal provisions influenced by this rule, including Articles 30 and 31 of the Civil Code, which state that "every owner has the right to all forms of possession and benefit from their property, except in cases where the law provides otherwise." Furthermore, it is stated that "no property can be removed from the possession of its owner except by legal decree." The writer argues that municipalities are required to compensate for private properties when they seek to acquire ownership rights of individuals; however, he also notes that this rule has lost its original sense in contemporary law, having been subject to numerous exceptions and now limited by the condition of not causing harm to society. He believes that even within religious law, there are restrictions on this rule, such as the prohibition of ownership over certain items like alcohol, and the restriction of dominion in cases where it may harm others, among others. (pp. 80-90). | ||
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==== '''The Rule of Liability for Possession (<nowiki>''Zemān Yad''</nowiki>)''' ==== | |||
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). | ||
==== The Sanctity of Muslim Property (<nowiki>''</nowiki>Ḥurmat Māl al-Muslim<nowiki>''</nowiki>) ==== | ==== 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 | 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 Liability for Possession (<nowiki>''</nowiki>Zemān Yad<nowiki>''</nowiki>). He believes that the legal provisions present in The Rule of Liability for Possession (<nowiki>''</nowiki>Zemān Yad<nowiki>''</nowiki>) are also applicable to this rule (pp. 98-101). | ||
=== The Priority of Governmental Decrees (<nowiki>''Aḥkām Ḥukūmatī''</nowiki>) === | === The Priority of Governmental Decrees (<nowiki>''Aḥkām Ḥukūmatī''</nowiki>) === | ||