The Right of Land Surface: its Legitimacy, Jurisprudent Adaptation and Future Prospects

Abstract

Objectives: The study aims to demonstrate the concept of right  of land surface, its doctrinal adaptation and legitimacy, its future prospects, and its reversal.

Methods: The study used the transportation method in the provision of texts, and the inductive approach by collecting scientific material from the most important books of jurisprudence on the four jurisprudence doctrines, and modern references dealing with the subject of the study. The analytical approach analyses the views of jurists based on the issues presented in the research.

Results: The study found the right of Land Surface is legitimate and does not conflict with the principles of Sharia. The right to be marketed for effective financial and economic investments is a scalable right and can be formulated in accordance with contemporary developments in order to achieve its objectives as a distinct investment method and to complement the existing contracts such as the B.O.T. contract, the lease ending with ownership, characterized by a legal character, characteristics that benefit the disabled, enrich the economy, and be easy to control in terms of rights.

Conclusions: Studying the applications of the right to market in the Hashemite Kingdom of Jordan, and the possibility of benefiting from it in the field of investment in Islamic banks.

Keywords: The right of land surface, the developments of financial transactions, future prospects, Jordanian civil law, investment.