A Study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law (Book): Difference between revisions
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==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 (<nowiki>''</nowiki>mawāt<nowiki>''</nowiki>), barren land (<nowiki>''bāyir''</nowiki>), and cultivated land (<nowiki>''dāyir''</nowiki>), 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 (<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 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, 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 under certain conditions. | ||
The author further elaborates on the various types of public | The author further elaborates on the various types of public wealth (<nowiki>''anfāl''</nowiki>) 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. | ||
Concerning private lands, the author believes that municipalities are required to follow the relevant legal procedures for acquisition and purchase. In the third chapter of the first section, the author discusses topics such as the responsibilities of municipalities and their planning initiatives, claiming that urban plans infringe upon the absolute and extensive rights of property owners. He then addresses the concepts of city boundaries and zones, concluding with a historical overview of the legal framework surrounding land acquisition by municipalities in Iran (pp. 20-67). | Concerning private lands, the author believes that municipalities are required to follow the relevant legal procedures for acquisition and purchase. In the third chapter of the first section, the author discusses topics such as the responsibilities of municipalities and their planning initiatives, claiming that urban plans infringe upon the absolute and extensive rights of property owners. He then addresses the concepts of city boundaries and zones, concluding with a historical overview of the legal framework surrounding land acquisition by municipalities in Iran (pp. 20-67). | ||