حق السكن في الشريعة الإسلامية و التشريعات الوضعية : دراسة مقارنة

Abstract EN

Although the world has recognized the importance of residence and the right to it and man's right to live in comfort and dignity, the estimations refer to the existence of more than billion people who where in inappropriate houses and there are about 100 millions homeless people.

Governments claim that there are no necessary resources and capabilities to implement programs and make reforms to find necessary conditions to enjoy the right to residence.

States differ in their measures and views as to the right to residence depending on their philosophical policies and their financial, economic, political, and social systems derived from their philosophies and ideologies to find solutions to the problems of human life including economic, financial and social problems in order to attain welfare for the community.

Such a view is taken differently in the Islamic Law whose teachings and principles are superior to other positive theories and principles.

Indeed, the Islamic civilized experience has produced an ideal realistic state which is considered a source of pride for every Muslim, in that the Islamic state secures a suitable dwelling for every Muslim in case he is not capable of finding it.

Therefore, this study sheds light on the view taken by Islam as to right to residence which differ from that taken by other positive laws and to show the role of Islam in providing an individual with necessary needs and suitable dwelling.

In fact, the problem of residence results from many years of negligence and unsuccessful plans.

It is the result of many reasons the most important of which are: unavailability of systematic and comprehensive database of housing, ence of suitable plans for construction, delay of issuing organized designs, and defect of positive legislation in regulating the sector of housing.