Abstract
It is known from the Holy Qur'an and Sunnah
(Ahadiths) that Allah Almighty sent instructions to different
nations from time to time through the prophets of the time
according to the circumstances. The basis of these instructions
was the same but the practical details were according to the
need and circumstances of the time. They were given orders
according to the need of each nation which was based on the
stable principles of religion. In time, when the mental
development of humanity reached its extreme, Allah Almighty
sent universal Islamic law. Islamic Shari'ah refers to the
teachings which Allah Almighty sent for guidance of human
beings through his Prophet (sws). Islamic Shari'ah has set
limits for individual and collective rights in order to protect
each other's, rights from being violated. Despite the fact that
Islam is a social religion, but where there is a conflict between
collective and individual interests, the priority is given to
collective interests. Because it is the rule of jurisprudence to
take care of the public interest rather than the individual orَ interest private Government.
lands and national property are collective property in which
every citizen has the right as a subject but individually
interfering in it, is considered interference in the property of
others. Some people are of the view that the government property can be retained by every individual because the
government is established with the support of public.This article
will explain in detail the fundamental and collective rights.
Moreover, the status of encroaching the public and government
properties shall be discussed in light of Sharia.
Muhammad Naeem, Dr. Ibad ur Rehman, Mian Muhammad Saleem. (2021) Shari ’a Rulings about Illegal Possession of Public Property & Encroachment of Government Lands, The Islamic Shariah & Law, Volume-03, Issue-1.
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