ضمانات نزع الملكية الخاصة للمنفعة العامة في القانون الفلسطيني: دراسة مقارنة في ضوء أحكام الشريعة الإسلامية

Abstract EN

Guarantees of expropriation of private property for the public benefit in Palestinian law a comparative study in light of the provisions of Islamic law guarantees of expropriation of private property for public benefit in Palestinian law: a comparative study in the light of Islamic Sharia provisions expropriation collides with a general and stable rule stipulated by most constitutions, foremost of which is the Palestinian constitution, the “basic law” which affirms that no one is deprived of his property or use it, but that is not at all.

the purpose of expropriation is to achieve the public benefit and interest that is presented in the interest of individuals at the end of this research, the two researchers concluded several results, the most important of which are, there are controls and conditions for expropriation of private property which is that expropriation of property is in the interest of the public benefit and that the expropriated is real estate because expropriation is not on movables and that there is compensation for the expropriated real estate.

the researchers recommended a set of recommendations, the most important of which is the necessity of stipulating in the expropriation law on the basis of fair compensation, and not only stipulating compensation, with the need to approve the draft land law prepared by the legislative council since 2004.