A Reflection on the Fiqh Decree on Land Grabbing

Document Type : Original Article

Authors
Hamid Masjidsaraee 1
aazam nazari 2
1 Associate Professor, Semnan University, Semnan, Iran
2 PhD student in Jurisprudence and Fundamentals of Islamic Law, Ferdowsi University of Mashhad
10.30497/irj.2022.76392
Abstract
 
    Land is a divine blessing needed by the new and future generations, but today it has encountered a form of corruption called land grabbing characterized by illegal encroaching and changing its use to one’s own benefit. According to fiqh, land and its ownership is subject to special rules. The question is whether it is possible to assume ownership of some land by disregarding legal and sharia conditions? What are fiqh rules of possessing lands out of limitations set by Islamic sharia? The results of the study show that this type of possession signified the fiqh edict about consuming property falsely. Hence there is no right imaginable for the illegitimate land grabbing and this ownership is null and void.
Keywords
Land
Ownership
Consuming Property Falsely
Land Grabbing

  • Receive Date 16 September 2022