نزع الملكية الخاصة لتحقيق المصلحة العامة في الشريعة الإسلامية: دراسة تحليلية

It is agreed that the property right is one of the sacred rights guaranteed by the Islamic sharī'ah for individuals and bodies, but this right is not absolute, but it is permissible for the state in some cases to take the property from its owner by coercion in the event of a public interest that is achieved by taking the property from its owners and the owner's refusal to sell the property to the state by mutual consent.
Since the state bears the responsibility for achieving the public interest and protection it, it must take the private property from its owners to achieve the public interests of society, and although some may see the expropriation of the private property to achieve the public interest as exceeded and infringed the right of the property to individuals and an attack on one of the five purposes for sharī'ah which is save property, but it is possible to infer the legitimacy of this behavior by reviewing and analyzing the prophetic Sunnah represented by the actions of the Prophet, PBUH, and taking the ownership of others to achieve public interest, in addition to the Sunnah of the Rightly Guided Caliphs after him and the equivalent caliphs from their pledge who followed the guidance The Prophet, may God’s prayers and peace be upon him, and talked some of the properties from their owners to achieve the public interests of society. It is also possible to infer the legitimacy of this behavior by researching the position of the four Sunni schools from taking the private property from its owner to achieve the public interest in addition to the application of some jurisprudential and fundamentalist rules to this behavior. The aim of this study is to clarify the concept of taking the private property to achieve public interest, and to explain the position of the Islamic Sharia from this behavior.