RESOLUTION NO. 29(4/4)

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 Shari’a 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 Shari’a which it endeavors to protect and that many Shari’a 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 Shari’a which require safeguarding public welfare, regarding general needs as necessity and sustaining private harm to avoid public harm;

RESOLVES

First: Private property must be protected from any aggression. It is not permitted to narrow the scope protection or to limit it. The owner is absolute master of his property. He has full right to exploit it as he wishes, by legitimate means and benefit from all its lawful fruits.

Second: No property should be expropriated for public interest, except with due regard to the following Shari’a conditions:

A. Expropriation of real estate is done by making immediate and just compensation, determined by qualified experts, and such compensation is not less than the market value of a similar property.

        B.      The expropriation is carried out by public authority or by his representative in                this field.
        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

Home - Quran & Hadith – Charity - Family & Health – Islam – Miscellaneous – Matrimonials

Human Rights - Women – Newscenter – Boycott – Chechnya – Palestine - Links