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Principles of Land Use
Among the main objectives of land management is to ensure that land in various sectors is properly utilized in order to maximize its usage in all fields and in accordance with the principles of Shariah. Land should not be left idle. It is the responsibility of those in authority, land owner or anybody who is in possession of land to ensure that all lands in their charge are properly managed for his personal benefit as well as the public at large and while in control of the land, he also has a duty to share the benefit with others directly or indirectly, i.e through taxes contribution, waqf or donation or etc. He should not practice monopoly where the land is simply use for his own purposes.
Establish al haqq in all decisions
Principles of Islam concern about human behaviour and their duties. In this respect, Allah enjoins us to do justice. (4: 134)
Allah says:
“You who have iman (faith); be upholders of justice, bearing witness for Allah alone, even against yourselves or your parents and relatives. Whether they are rich or poor, Allah is able to look after them. Do not follow your own desire and deviate from the truth. If you twist and turn away, Allah is aware of what you do”.
Doing the right things at the right times is very much encouraged in Islam. It applies to everybody irrespective of their background, origins or status. They are subjected to the law of Allah based on his capacity and ability. Certainly, Allah never demands us to do anything that is beyond our ability. Thus, if we are entrusted to do any duty, we have to strive to do it completely.
Again Allah says:
“Hold to your agreement”(2: 177; 23:8; 17:34; 5:1), man should realize that being a land manager be it under the authority as land owner or land user he has his promise with his Lord i.e. Allah swt to take good care of land and to manage it in accordance with the law of Allah.
Fair and adequate compensation for deserving parties
Although Islam recognize Allah as the real owner of everything in this earth including land but Islam also recognize man as the trustee thus has right to enjoy Allah’s bounties. Therefore, no one has the right to take away the permission given by Allah and any act of preventing this enjoyment shall be prohibited by Islam. However, Allah also prescribes that the public needs should be given priority against any individual’s right. Again, Allah the Most Merciful has prescribed that any man’s legal right should be given proper compensation.
Similarly, Islam seriously calls for a strict protection of other’s rights. This could be seen in many principles such as Islam prohibits encroachment of others right including rights to land. Any unlawful entry shall be considered as trespassers and shall be liable to pay damages. Again, if the entry caused any damage to the property, the damage should also be properly compensated. Art. 92 of the Law of Majallah “A person who does an act, although he does not act intentionally, is responsible. Based on this provision, nuisance should not be allowed though the result of the action may arise without any intention of doing it.The Prophet also clearly declares that “There shall be no damage and no infliction of damage”.
Principles of Moderation
The permission to enjoy and deal with Allah’s bounties are not without any guidance. Allah through His Book and His Prophet clearly states that the right of enjoyment shall not be used excessively. Man should not transgress the limit prescribed by Allah. Man is prohibited from taking liquor or misappropriate others rights. Even certain foods are not allowed to be consumed for reasons that only Allah knows best.
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