Legal Appropriation Versus Illegal Encroachment In The Formation And Transformation Of Street Form In Traditional Arab-Muslim Cities
Fahad Al-Said, Shaibu Bala Garba.
Overview
A review of the literature on Arab-Muslim built environments shows a general mix-up in the understanding of the application of “legal appropriation” and “illegal encroachment” as the means for the transformation of street form in traditional Arab-Muslim cities. The paper seeks to differentiate between the two processes and their application. The paper reviews the Islamic land system, which provides the framework for land allocation and use, and also specifies the parameters of land ownership. The paper then presents a conceptual framework of the process of street formation and transformation, highlighting the difference between encroachment and appropriation as it relates to the Arab-Muslim built environment. The paper concludes by highlighting the fact that the Islamic shariah provides for various legal means of land appropriation from the street and hence points out the need for properly analysis before categorizing development actions into either of the two classes in the study of the form of traditional Arab – Muslim built environments
