The Encyclopedia of Comparative Jurisprudence and Law

Abstract

The Ministry of Energy is one of the most important ministries, as it is responsible for providing critical infrastructure such as electricity and water. Accordingly, in line with the development of services, it may require the occupation of private lands and properties. The issue of property and land occupation by the Ministry of Energy is a significant topic that warrants legal examination. The key question raised and addressed in this article is: what is the approach of statutory law toward the occupation of lands and properties? This is a descriptive-analytical study that employs a library-based research method to explore the aforementioned question. The findings indicate that, based on public interest, if the acquisition of land serves the common good and public benefit, such acquisition is permissible. Furthermore, the no harm rule (Qāʿidat Lā Ḍarar) based on public interest takes precedence over the right of dominion rule (Qāʿidat al-Taslīṭ). Public interest serves as the intersection point between the no harm rule and the right of dominion rule, which underlies the foundation of private property ownership. Based on public interest, if the acquisition of land yields public good and benefit, the acquisition is permissible, and the no harm rule based on public interest overrides the right of dominion. Nevertheless, due to the importance and value of the right to private property, the transfer and acquisition of lands must be carried out through the payment of fair compensation to the landowner.