A Study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law (Book): Difference between revisions
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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. | ||
==A new classification of land== | ==A new 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, barren land, and cultivated land, while also distinguishing urban land into public, endowment, and private categories. The author asserts that wasteland 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. Additionally, barren land, if abandoned by its owners, is transferred to the government without compensation. According to the author, cultivated land may be owned by the individual who reclaims it 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, and cultivated land, while also distinguishing urban land into public, endowment, 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, if abandoned by its owners, is transferred to the government without compensation. According to the author, cultivated land may be owned by the individual who reclaims it under certain conditions. | ||
The author further elaborates on the various types of public lands that are owned collectively and cannot be subject to individual ownership. He posits that if the Endowment Organization deems it permissible to convert endowment lands that intersect with approved urban development plans, actions will be taken accordingly, while those that are not allowed by religious law should be leased for a significant duration. | The author further elaborates on the various types of public lands that are owned collectively and cannot be subject to individual ownership. He posits that if the Endowment Organization deems it permissible to convert endowment lands that intersect with approved urban development plans, actions will be taken accordingly, while those that are not allowed by religious law should be leased for a significant duration. | ||