المعالجة الشرعية لآثار قانون الإصلاح الزراعي السوري بعد سقوط النظام [Sharia-based Treatment of the Impacts of the Syrian Land Reclamation Law after the Fall of the Regime]

Abstract

This study examines the Sharīʿah-based ruling on the effects of applying the Syrian Land Reclamation Law after the fall of the regime, using an analytical and comparative approach between the provisions of the law and the principles of Islamic jurisprudence. It aims to identify the legal and Sharīʿah implications of expropriating public and private property and to propose a fiqh-based framework for addressing its consequences in a manner that safeguards rights and fulfills the higher objectives of Sharīʿah. The research adopts an inductive–analytical method, followed by a comparative deductive approach, to assess the extent of conformity between the law’s procedures—particularly in expropriation and compensation—and Sharīʿah principles. The findings reveal significant Sharīʿah violations in both the expropriation process and the compensation mechanism, underscoring the need for jurisprudential solutions that restore justice and public trust.