The Right to housing in Islamic Law and statutory legislation: A comparative study

Section: RESEARCH
Issue
Vol. 22 No. 72 (2020): Volume 22 Issue 72
Published
Oct 1, 2020
Pages
26-66

Abstract

Although the right to housing has been recognized internationally as a basic human right for human survival and dignity, it is estimated that more than billion people do not enjoy decent and proper housing, and about 100 million homeless people. Governments attribute the problem to the lack of resources and capabilities. States differ in their measures and views as to the right to residence depending on their philosophical policies and their financial, economic, political, and social systems derived from their philosophies and ideologies to find solutions to the problems of human life including economic, financial and social problems in order to attain welfare for the community. Such a view is taken differently in the Islamic Law whose teachings and principles are superior to other positive theories and principles. Indeed, the Islamic civilized experience has produced an ideal realistic state which is considered a source of pride for every Muslim, in that the Islamic state secures a suitable dwelling for every Muslim in case he is not capable of finding it. Therefore, this study looks at the right to residence and housing in sharia which is different from that of modern laws to show the role of Islam law and jurisprudence in protecting this right as a fundamental right to human. The problem of residence results from many years of negligence and unsuccessful plans. It is the result of many reasons the most important of which are : unavailability of systematic and comprehensive database of housing, absence of suitable plans for construction, delay of issuing organized designs, and defect of positive legislation in regulating the sector of housing.

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Authors

hbieb almezory

college of law/ university of mosul

Ahmed Mahmood Ameen Al haiaaly

college of law/ university of mousl

Identifiers

https://doi.org/10.33899/alaw.2020.166860
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