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

In the third chapter, the author states that the primary principle for the acquisition of private lands is that the municipality must reach an agreement with the owner regarding the acquisition and pay a fair price. If an agreement cannot be reached, the current market price will be determined by an appointed expert, and the property will be forcibly acquired by the municipality. The author further discusses the conditions of consent and intention in contracts, asserting that a transaction is invalid if it is made under duress, and that a contract cannot be valid without consent. However, the author does not consider the municipality's acquisition of land as a case of duress, but rather views it as a situation of necessity, arguing that a lack of consent does not affect its realization. He defines the current market price as the average market price minus an amount for the municipality's acquisition clause or the price set by official experts who tend to favor the lower end of the market price range (pp. 188-209).

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).