حكم الاستيلاء على أراضي الدولة في الفقه الإسلامي

Abstract EN

State lands are public funds that must be preserved, The Islamic law gave it great care to revive the dead earth by cultivating it and benefiting from it, and made that a reason for ownership in the event of its permissibility.

It also criminalized the appropriation of state land without the permission of the guardian, so that chaos does not spread in society due to the appropriation of it without the permission of the guardian, the reason for appropriating state land without the guardian's permission is due to the citizen's ignorance and misunderstanding of what is meant by the term public money, people understand that they are partners in public money, and that this partnership allows him to take his share of it.

Evidence that the thief from public money is not subject to punishment; because he has a suspicion and a truth, as it is the money of the public and it is from them, and because it has no owner from among the creatures, while public money is more inviolable than private money.

This study aims to clarify the reality of appropriation, its types, the nature of state-owned land, and the ruling on reviving state-owned land, which the state did not set the limits to seize or revive.

The research included five topics: in the first topic: concepts and definitions, the second topic: the reasons for ownership and the rule of appropriation, the third topic: Islam's encouragement to reclaim dead land, and the fourth topic: the ruling on revival of land owned by the state without the permission of the guardian and its impact on its ownership, and the fifth topic: the reasons for the appropriation of state lands and methods of treatment.