Expropriation of private property for the public benefit (A comparative study between Sharia and law)

Dr. Ali Maatouq Ali Saleh

Ownership is considered a sacred natural right in Islamic law and a basic financial right guaranteed in most constitutions and legislations, giving the owner the right to dispose of, use, and exploit it. The right of ownership is immunized from aggression through legal and judicial protection; however, the principle of the immunity of private property is not absolute. An exception is made allowing the administration to expropriate property justified by using it for the public benefit. Within this scope, the administration may resort to compulsory methods to obtain property to satisfy the higher interests of the country, and any seizure outside the scope of public benefit entails administrative responsibility.

Expropriation of Property, Public Benefit, Islamic Sharia, Law, Temporary Seizure, Fair Compensation