February 1988 CE).

After examining the papers submitted to the Academy on the subject of “Expropriation of Property for the Public Interest,”

and in view of the following: that the principles of the Sharia categorically uphold private ownership—so much so that its inviolability is one of the definitive rulings necessarily known as part of the religion; that the preservation of wealth ranks among the five indispensable objectives which the Sharia is expressly designed to safeguard, a point affirmed by numerous verses of the Quran and authentic hadiths; that the Sunnah, the practice of the Companions (may Allah be pleased with them), and the generations after them provide precedent for taking real property for the common good; and that the general maxims of the Sharia call for promoting public welfare, treating a widespread need as equivalent to necessity, and accepting a private harm to avert a greater public harm—

the Academy resolved as follows:

First: Private ownership must be protected from any encroachment. Its scope may not be narrowed or restricted. The owner enjoys full authority over his property and, within lawful bounds, may dispose of it in every permissible manner and derive from it all legitimate benefits.

Second: Real property may not be expropriated for the public interest except in accordance with the following Sharia-based conditions and guidelines:

1. Expropriation must be accompanied by immediate and fair compensation, assessed by qualified experts at no less than the going market value of a comparable property.

2. The act of expropriation must be carried out by the ruler (wali al-amr) or by someone specifically deputized by him for that purpose.

3. The expropriation must serve a public interest that arises from a general necessity or a public need deemed equivalent to necessity, such as the construction of mosques, roads, and bridges.

4. The property taken from its owner must not end up being used for public investment or