Building without permission. And the system between justice and mercy

D. Dr. Abdulhakim bin Abdullah Al-Kharji

<In the Sharia and civil justice system, regulations do not leave a vacuum, nor do they allow chaos to sneak in through the doors of goodwill, ignorance or urgency. The provisions in the Civil Transactions Law derived from Islamic Sharia - specifically Articles 651 to 653 - represent a unique combination of Sharia and legal regulation and humanitarian flexibility when it comes to those who build or plant on land that does not belong to them.

Article 651 begins. <Article 651 begins by emphasizing a clear rule: No one may build or plant on another person's land without his permission, and if he does so, the owner has the original right and may request removal at the expense of the trespasser, unless the removal causes damage to the land, then the beneficial relationship is based on compensation and judicial assessment.

Article 651 begins by emphasizing a clear rule: no one may build or plant on land that does not belong to him. <Article 652 dives deeper into reality, as good faith does not escape the legal effect but rather softens it. If a person builds or plants with materials of his own thinking that the land belongs to him, and then the opposite appears, the modernizer has the option to remove what he created if there is no damage to the land or not to remove it, if there is damage or the modernizer does not choose to remove it, the owner then chooses between three things either to pay the value of the materials and labor fees or an amount equivalent to the increase in the value of the land, and if he cannot pay, he may request the land to be owned by the modernizer at a fair price.

Also, Article 652 comes. <Article 653, on the other hand, offers a very sophisticated human dimension when it considers the goodwill of the neighbor and gives the judge a flexible discretion. The judge can balance the interests of both parties, and the court may - if the conditions of justice are met - compel the neighbor to relinquish the part of the land on which the building is built in exchange for fair compensation.

The picture presents a very human and sophisticated dimension, as it considers the goodwill of the neighbor and gives the judge a flexible discretion. <This regulation completes the picture, entrenching the concept of real estate coexistence, achieving justice, and representing a model of the delicate balance between protecting original rights on the one hand and not wasting what was built in good faith on the other. They are not rigid, but alive, they speak justice, pulse with flexibility, and give the judge space to judge fairly according to the actual circumstances, not just the text. In a world full of real estate disputes, these articles offer a civilized solution that believes that every stone has value, every intention has weight, and every right-holder has a refuge.

Lawyer, lawyer, and member of the House of Representatives.

Lawyer and member of the Human Rights Commission