CONCERNING EMINENT DOMAIN (TAKING OVER PRIVATE
PROPERTY FOR PUBLIC USE)
Quote -The Council of the Islamic Fiqh Academy, holding
its Fourth Session, in Jeddah (Kingdom of Saudi Arabia) from 18
to 23 Jumada Thani 1408 H (February, 6 to 11, 1988),
Having considered the research papers submitted to the Academy on the subject of Eminent domain (Power to take over private property for public use)
Considering the established principle of Sharia with regard to the sanctity of individual property, which has become an unequivocal rule of the religion;
Considering that protection of property is one of the five components of Sharia which it endeavors to protect and that many Sharia texts from the Holy Book and the Sunnah of the Prophet (PBUH) have the same purpose;
Recalling the conclusive proof provided by the Sunnah, the action of the Companions may Allah rest their soul and that of subsequent generations, with regard to expropriation of real estate for the sake of public interest; in implementation of the general principles of Sharia which require safeguarding public welfare, regarding general needs as necessity and sustaining private harm to avoid public harm;
expropriation is carried out by public authority or by his
representative in this
C. The expropriation is made in public interest, in response to public need, such as building mosques, roads or bridges, for example.
D. The expropriated real estate shall not be exploited for private or public investment projects and that the expropriation should not be carried out prior to its justifiable time.
If all or some of these conditions are violated, the expropriation of real estate will be regarded as an act of injustice and seizure prohibited by Allah the Almighty and His Prophet (PBUH).
If the property subject of the expropriation or public interest is no more required for that purpose, the original owner of the property or his heirs have a preemptive right to repurchase it at a just compensation.
Verily, Allah is All-Knowing Unquote
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