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