Regulatory Frameworks for possessioning informal housing: Iraqi law as model

Section: RESEARCH
Issue
Vol. 22 No. 72 (2020): Volume 22 Issue 72
Published
Oct 1, 2020
Pages
88-135

Abstract

Many legislations dealt with the problem of encroachment on state property to construct haphazard houses, which contribute to the spread of inappropriate housing sites. The treatment of the problem is varied in its form and details according to the legislative policy followed at both the international or national level, However, this phenomenon continued to expand, and the legislative treatments taken did not contribute to ending it. Some countries have led to the adoption of other means consistent with urban planning of cities in various ways. International legislation has adopted the provision and promotion of sustainable development for countries and cities through the United Nations Human Settlements Program (Un-Habitat) being authorized by the United Nations General Assembly within the social and environmental areas and is the link to all issues of urbanization and human settlements within the United Nations system designed to provide A suitable shelter for all . As for Iraq, there were many legislations that were issued consecutively within different time phases consistent with the policy followed at the time by Iraqi governments since the establishment of the Republic of Iraq in 1921 and until now that have tried to address the existing abuses and limit their spread in the future, but the phenomenon of abuse Illegal, indiscriminate construction continued to expand in response to multiple causes and conditions, including economic, political, security, and social.
One of the most prominent solutions included in the laws and decisions issued in Iraq to deal with abuses, obligating the official departments concerned with owning the property in excess of it according to conditions determined by the legislation issued at the time to be ownership with or without an allowance. These solutions are the focus of research on the issue of transgressing real estate, especially in the scope of the position of the Iraqi legislator, by focusing on two issues, the first of which is the content of the legislation, and the second is the requirements of reality and within the general principles of human rights.

References

  1. - Civil Law No. 40 of 1951 as amended.
  2. - Endowment Administration Law No. 64 of 1966 as amended.
  3. - Iraqi laws and decisions
  4. - Iraqi Real Estate Registration Law No. 43 of 1971.
  5. - Law No. 21 of 2013 for selling and renting state funds as amended.
  6. - Law No. 51 of 1959 amended Land Class Sale and Correction.
  7. - Law No. 53 of 1976 to unify classes of state lands.
  8. - Law No. 61 of 1956 Sale and Correction of the Class of Emiri Lands.
  9. - Municipal Administration Law No. 165 of 1964 as amended.
  10. - Penal Code No. 111 of 1969, as amended.
  11. - Public Roads Law No. 35 of 2002 as amended.
  12. - In the arabic language
  13. - Cabinet Resolution No. 244 of 2017.
  14. - Cabinet Resolution No. 440 of 2008.
  15. - Cabinet Resolution No. 70 of 2019.
  16. - Draft Law on Addressing Residential Abuses of 2017.
  17. - Egyptian Civil Law No. 131 of 1948, as amended.
  18. - Egyptian Penal Code No. 58 of 1937, as amended.
  19. - Egyptian Urban Planning Law No. 3 of 1982.
  20. - Instructions for implementing Revolutionary Command Council Resolution No. 154 of 2001 and No. 15 of 2001.
  21. - Instructions for renting water organizations in the marshes area, Ratham 1 for the year 2009.
  22. - Instructions of the Revolutionary Command Council No. 156 of 2001 and No. 14 of 2001.
  23. - Law No. 11 of 1940 for the Sale of State Lands.
  24. - Law No. 117 of 1976 Regulating the Economic Limit of Agricultural Land.
  25. - Law No. 136 of 1963 for the Prevention of Fragmentation of Agricultural Property.
  26. - Law No. 84 of 1926 on the ownership and delimitation of princely lands in villages.
  27. - Law of the State of Qatar regarding public and private state property No. 10 of 1987.
  28. - Revolutionary Command Council Resolution No. 1073 of 1985.
  29. - Revolutionary Command Council Resolution No. 1181 of 1982.
  30. - Revolutionary Command Council Resolution No. 1328 of 1981.
  31. - Revolutionary Command Council Resolution No. 1360 of 1981.
  32. - Revolutionary Command Council Resolution No. 1474 of 1984.
  33. - Revolutionary Command Council Resolution No. 154 of 2001.
  34. - Revolutionary Command Council Resolution No. 156 of 2001.
  35. - Revolutionary Command Council Resolution No. 177 of 1990.
  36. - Revolutionary Command Council Resolution No. 237 of 1974.
  37. - Revolutionary Command Council Resolution No. 258 of 1989.
  38. - Revolutionary Command Council Resolution No. 286 of 1987.
  39. - Revolutionary Command Council Resolution No. 36 of 1994.
  40. - Revolutionary Command Council Resolution No. 44 of 1988.
  41. - Revolutionary Command Council Resolution No. 584 of 1979 amended.
  42. - The Ottoman Land Law of 1847 A.D.
  43. - Yemeni Law on State Land and Real Estate No. 21 of 1995.
  44. Muhammad Bin Ismail Abu Abdullah Al-Bukhari, Sahih Al-Bukhari, Al-Jami Al-Sahih Al-Mukhtasar, Edited by: Dr. Mustafa Deeb Al-Bagha, Vol. 2, Ed. 3, Dar Ibn Kathir, Al-Yamamah, Beirut, 1407 AH / 1987AD.
  45. Muhammad Ibn Shihab al-Ramli, Nehayat AL- Mahtag Le sharh AL-Minhaj, Part 5, Dar Al-Kotob Al-Alami, Beirut, 2003.
  46. Muwaffaq Al-Din Abdullah bin Ahmed bin Qudama, Al-Mughni, part 7, 3rd Edition, Dar Alam Al-Kutub, Riyadh, 1997.
  47. Dr. Ibrahim Madkour, Dictionary of Social Sciences, Egyptian Book Authority, Cairo, 1975.
  48. Ahmad Bin Muhammad Bin Ali Al-Fayoumi, AL- Mushbah AL- Muneer Lebanon Library, Lebanon, 1987.
  49. Dr. Ahmed Mukhtar Omar, The Dictionary of Contemporary Arabic Language, Volume 1, First Edition, The World of Books, without place of publication, 2008.
  50. Gibran Masoud, Al-Raed Al-Sagheer, 1st Edition, Dar Al-Alam Al-Mali'a, Beirut, Lebanon, 1982.
  51. Gibran Saud, Al-Raed, 7th Edition, House of Science for the Millions, Beirut, Lebanon, 1992.
  52. Louis Maalouf, Al-Munajjid fi al-lugha, 3rd Edition, Dar Al-Mashriq, Beirut
  53. Majd Al-Din Muhammad Ya`qub Al-Fayrouzabadi, Al-Qamoos Al-Muheet, Dar Al-Hadith, Cairo, 2008.
  54. Muhammad bin Abi Bakr bin Abdul Qadir al-Razi, Mukhtar As-Sahha, Lebanon Library, Beirut, 1986.
  55. Abu Al-Qasim Omar bin Al-Hussein bin Abdullah Al-Kharqi, Summary of Al-Kharqi, 1st Edition, House of Companions for Heritage, Tanta, 1993.
  56. Dr. Ahmed Khaled Allam, The Unplanned Growth of Residential Communities in Egypt and Methods of Its Treatment, Friedrich Institute, Cairo, 1994.
  57. Dr. Ahmed Khaled Allam, Renewal of Urban Neighborhoods, The Anglo Library, Cairo, 1997.
  58. Dr. Iman Mohamed Desouky, Introduction to Environmental Organization and Youth Participation in the Development of Informal Areas, Dar Al-Wafa, Alexandria, 2016.
  59. Bernard Geranotier, Urban Housing in the Third World, translated by Muhammad Ali Bahjat, Knowledge Institute, Alexandria, 1987.
  60. Dr. Habib Idris Issa Al-Mazouri, The Legal System of Rape, 1st Edition, Dar Al-Fikr University, Alexandria, 2015.
  61. Dr. Hossam Gad Al-Rub, Geography of the Arab World, Dar Al-Uloom for Publishing and Distribution, Cairo, 2005.
  62. Dr. Atef Ali, Urban and Environmental Planning, 1st Edition, Arab Society Library, Lebanon, 2010.
  63. Dr. Adlan bin Ghazi bin Ali Al-Shamrani, Selling and renting real estate in Islamic jurisprudence, 1st Edition, Saudi Fiqh Society, Riyadh, 2016.
  64. Dr. Abdel-Rahim Kassem, Slums, Problems and Solutions, The Anglo-Egyptian Library, Egypt, 2013.
  65. Dr. Abdul Razzaq Ahmad Al-Sanhouri, Mediator in Explaining the New Civil Law, C9, Reasons for Acquiring Ownership, Edition 3, Al-Halabi Legal Publications, Lebanon, 2000.
  66. Abu Al-Walid Muhammad Ibn Rushd, Bidayat al-Mujtahid wa Nihayat al-Muqtasid, ed. 1, part 4, Ibn Taymiyyah Library, Cairo, 1415 AH.
  67. Dr. Ali Hadi Al-Obaidi, Al-Wajeez in Explaining Civil Law, Real Rights, House of Culture for Publishing and Distribution, Amman, 1999.
  68. Dr. Ghani Hassoun Taha and Muhammad Taha Al-Bashir, Rights in Kind, Part 1, Al-Aatek Book Industry, Cairo, without a year of printing.
  69. Dr. Fathi Hussein Amer, Slums and Media in the Arab World - Dar Al Arabi for Publishing and Distribution, Cairo, 2011.
  70. Dr. Fouad Muhammad Al-Sharif, Introduction to Social Geography, Dar Al-Bazouri, Amman, 2013.
  71. Muhammad Orabi, The Slums in the Arab Society, 1st Edition, The Cultural House for Publishing, Cairo, 2007.
  72. Dr. Muzaffar Abboud Hammoudi, Majid Jassim Ayada, Agricultural lands in Iraq, its legislation - its problems and solutions, without a place to be printed, 2015.
  73. Dr. Nabil Ashraf, the basic facilities in the informal settlements, with no place and year to print.
  74. Dr. Hani Ali Al-Tahrawi, Administrative Law, 1st Edition, House of Culture for Publishing and Distribution, Amman, Jordan, 2001.
  75. Ahmad Hussein Abu Al-Hija, Towards a Comprehensive Strategy to Treat Slums, Jordan: Case Study, published research in the Journal of the Islamic University, College of Engineering, Gaza, Volume Nine, Issue 1, 2001.
  76. Dr. Israa Mowafaq Rajab, Visual Pollution in the City of Baghdad / Slum Housing - a Model - Research published in Al-Adab Journal, University of Baghdad, Issue (121), 2017.
  77. Abu Hasan Ali Al-Marghanani, Al-Hidayah, Sharh Al-Bidaya, part 6, Administration of the Quran and Islamic Sciences Press, Pakistan, 1417 AH.
  78. Dr. Ozden Hussain Daza Yi and d. Imad Fattah Ismail, Criminal Responsibility for Building Abuses in Iraqi Law, a research published in Tikrit Law Journal, Tikrit University, Year (2), Volume (2), Issue (3), Part (2), March, 2018.
  79. Dr. Jamal Baqer Mutlaq, Haider Razzaq Muhammad, Identifying proposals to solve the problem of random housing, a research published in the Journal of Planning and Development, Center for Urban and Regional Planning, University of Baghdad, Issue (33) for the year 2016.
  80. Dr. George Touma, Factors affecting the emergence of slums and upgrading policies, published research in Tishreen University Journal for Research and Scientific Studies, Volume (35), Issue (3), year 2013.
  81. Khawla Karim Kawthar, Violations of Building Regulations and Laws and their Impact on the Urban Environment in the City of Baghdad, a research published in the Iraqi Journal of Architecture, Department of Building and Construction Engineering, University of Technology, Volume (31), Issue (3), for the year 2015.
  82. Dr. The memory of Abdel Moneim Ibrahim, Slums from the point of view of the residents of the surrounding urban areas, research published in the Journal of the College of Arts, University of Baghdad, Issue (100).
  83. Riyad Hani Bahar, Informal Settlements (hawasim housing) between security risks and the humanitarian situation, a research published in the Journal of Social Studies, House of Wisdom, Issue (32) for the year 2014.
  84. Dr. Salah Daoud Salman Al-Zubaidi, Slums in Baghdad, a research published in Diyala Journal of Humanitarian Research, Diyala University, Issue (52), year 2011.
  85. Dr. Salah Abdul Jaber Issa, Imran Al-Hawashe Al-Hatra, a research published in the Journal of Research, Faculty of Arts, Menoufia University, Sixth Issue, 1991.
  86. Dr. Abdel-Azim Ahmed Abdel-Azim, Slums in Alexandria Governorate, a research published in the Journal of Humanities, Faculty of Arts, Alexandria University, 2005.
  87. Dr. Aqeel Fadel Al-Dahan, Zainab Hussain Abdul Qadir, Rulings of Real Estate Space in Civil Law, a research published in Karbala University Scientific Journal, Volume Seven, Issue 1 - Humanitarian, 2009.
  88. Abu Zakaria Yahya bin Sharaf al-Nawawi, Raw that Al Talibin, part 5, Islamic Office, 1405 AH.
  89. Dr. Qasim al-Rabdawi, The problem of random housing in the major Arab cities, published in the Journal of Damascus University, Volume (28), First Issue, Year 2012.
  90. Dr. Makki Abdul Majeed, prospects for urbanization and random housing, a field study in the city of Karbala, a research published in the Ahl al-Bayt University journal, Karbala, issue fifteenth.
  91. Faraj Mustafa al-Sarafandi, Strategies for developing informal areas in the Gaza governorates, a master's thesis submitted to the College of Engineering, Islamic University, Gaza, 2011.
  92. Lamia Haj Bouarqa, Unplanned Residential Districts and Their Relation to Youth Delinquency, Master Thesis submitted to the College of Humanities and Social Sciences, Gilani University, Bounana Khamis Miliana, Algeria, 2019.
  93. Mayada Lotfi Abdel Wahab, Spatial behavior of transgressors' settlements, a master's thesis submitted to the Faculty of Engineering, Department of Architecture, Technological University, 2008.
  94. Dr. Amal Asmar Zaboun, Muhammad Hatim, The Economic Effects of the Slums Phenomenon on Sustainable Human Development, Available Research Global Information Network, link: WWW.UOQADESY.EDU.IQ Date of visit 2/27/2020.
  95. Raquel Rollink, Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and the right to non-discrimination in this context, Human Rights Council, Twenty-second session, General Assembly, United Nations on 12/24/2012, published on Global information, link www.UN.org, visit date 2/3/2020.
  96. Dr. Abdullah Ali Al-Naim, randomness and its security implications, a working paper submitted to the symposium (security implications, population and development issues), Cairo, 2004, published on the global information network, link www.Informalhome.epg, visit date 3/3/2020.
  97. Dr. Ali Shaker Abdel Qader, a vision in the draft law to address residential abuse, an article published on the website of the College of Law / University of Karbala / Global Information Network, link: WWW.UOKERBALA.EDU.IQ, date of visit 2/25/2020.
  98. Furat Jassim Musa, Slums in Iraq, A Reading into the Dangers and Solutions, a paper submitted to the Research Department in the Iraqi Parliament, published on the official website of the House of Representatives, the date of the visit is 3/3/2020.
  99. Ahmad bin Muhammad Al-Dardir - Al-Sharh Al-Sagheer, Part 3, Ayoub Library, 2000
  100. Muhammad Siraj, The Slum Problem, Research published on the World Wide Web, link: WWW.MOHAMED-ORG.COM Date of visit 3/3/2020.
  101. Mohamed Mahmoud Youssef, Slums and Arab and International Experiences, Faculty of Urban Planning, Cairo University, an article published on the global information network, link www.UN.plancol.com, date of visit 2/27/2020.
  102. Dr. Hadi Naeem Al-Maliki, Israa Fadel Al-Rashidi, the abuse of public facilities in Iraqi law, field research within the boundaries of the Baghdad Municipality, College of Law, University of Baghdad. Publication on the World Wide Web, link: WWW.JOLS.UOBAGHDAD.EDU.IQ Visited date 5/3/2020.
  103. Report of the Steering Committee of the National Program for the Rehabilitation and Settlement of Informal Settlements in cooperation with the United Nations Human Settlements Program (Habitat), January, 2016, published on the global information network, the link www.MOP.iq.gov. Date of visit 2/23/2020.
  104. Cabinet decisions. Www.cabinet.iqe.
  105. Shams Al-Din Al-Sarkhasi, Al-Mabsoot, 3rd ed., part 11, House of Knowledge, Beirut, Lebanon, 1978.
  106. Abdul-Ghani Al-Ghunaimi, Al-Labab fi Sharh al-Kitab, Part 2, The Scientific Library, Beirut - Lebanon, without a year of printing.
  107. Ala al-Din al-Samarqandi, Tuhfat al-Jurists, Part 3, Dar al-Kutub al-Ilmiyya, 1405 AH.
  108. A- Books of Hadith
  109. B- Books of Islamic jurisprudence
  110. C- Language books
  111. D- Other books
  112. E- researchs
  113. F - Thesiss
  114. G- The global information network - electronic resources
  115. Instructions for selling and renting state funds No. 4 of 2017.
  116. J- Legislation
  117. Laws of other countries
  118. References

Authors

maha al-haj yuonis

college of law university of Moisul

Sahar Hyal Ghanim

college of law/ university of mousl

Identifiers

https://doi.org/10.33899/alaw.2020.166862
Download this PDF file
PDF

Statistics