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''' (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 excess construction density rights (<nowiki>''</nowiki>tarākom<nowiki>''</nowiki>) or authorizing changes in land use (<nowiki>''</nowiki>taghyīr-e kārbari<nowiki>''</nowiki>). | 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== | ==Book structure== | ||