Critique of the Law on the Method of Acquisition of Lands and Properties for Governmental Projects in Light of the Principle of Freedom of Contract

Abstract

The acquisition of privately owned lands and properties for the implementation of public, developmental, and military projects constitutes one of the most significant instruments available to the government for realizing public interests; however, such measures may give rise to conflicts with individual property rights and the principle of freedom of contract. Accordingly, examining the legal frameworks governing this issue is of particular importance. The objective of the present study is to analyze and critically evaluate the Legal Bill on the Method of Purchase and Acquisition of Lands and Properties for the Implementation of Public, Developmental, and Military Programs of the Government, with emphasis on its impact on individual property rights and the principle of contractual freedom, and to propose solutions for establishing a balance between public and private interests. The study was conducted using a descriptive–analytical method based on library resources, statutory laws and regulations, judicial precedents, and comparative legal analysis. Furthermore, relevant legal principles, Islamic jurisprudential rules, and legal doctrines were employed to clarify the theoretical foundations of the research. The findings indicate that although the aforementioned legal bill was designed to facilitate the execution of public projects, in practice it has, in certain instances, resulted in restrictions on property rights and the weakening of the principle of freedom of contract. The absence of transparent procedures for determining fair compensation, the prolongation of administrative and judicial processes, deficiencies in public notification and participation, and the economic and social consequences of compulsory acquisition constitute the most significant identified challenges. The results of the research suggest that land acquisition should be treated as an exceptional measure and carried out only with full observance of legal formalities, fair compensation for damages, and respect for the principle of freedom of contract. Legislative reform, procedural transparency, and strengthened public participation can contribute to balancing public interests with private rights and promoting sustainable development.