“The Legal-Religious Implications of Considering Land Registration as a Constitutive Cause of Ownership”

Abstract

This study explores the jurisprudential implications of the Real Estate Registry Law after the fall of the regime, through a comparative analysis between Islamic jurisprudence and Syrian law. The central research problem addresses the question: Does real estate registration constitute an independent cause of ownership, or is it merely a documentation tool for establishing property rights? Moreover, what is the Sharia ruling on the errors and violations that resulted from the implementation of this law under previous regimes?

The research adopts an analytical, doctrinal, and comparative methodology, by investigating Islamic legal sources and classical juristic opinions, in parallel with the provisions of Syrian real estate legislation, and by examining its practical applications in land survey and registration. The study concludes that real estate registration, if mandated by the ruler for the sake of public interest, is a legitimate regulatory mechanism for documentation but does not alter the essence of Sharia-based ownership. Furthermore, errors in registration processes are to be borne by the public treasury (Bayt al-Māl), while individuals retain the right to claim fair compensation.