Abstract
The expropriation of private real estate for public benefit represents one of the most sensitive and complex legal issues, as it directly intersects with the protection of individual ownership rights while simultaneously addressing the demands of public interest and state development. This research provides a comprehensive analytical study of the legal framework governing expropriation in Saudi Arabia, examining both historical and contemporary legislation, while assessing its consistency with the objectives of Islamic Sharia, which grants strong protection to ownership rights but allows their restriction under strict conditions to serve genuine public needs.
The dissertation explores the theoretical foundations of property ownership, including its definition, types, and associated rights, emphasizing the importance of safeguarding these rights under both Sharia and statutory law. It analyzes the characteristics, purpose, and legal controls of expropriation, highlighting its status as an exceptional measure permissible only to achieve specific public objectives.
Furthermore, this dissertation examines the administrative procedures and judicial oversight involved in expropriation, including formal and substantive guarantees designed to balance the authority of public administration with the rights of affected owners. Special attention is given to the rules governing compensation, its adequacy, and mechanisms ensuring fairness, including material compensation, additional statutory percentages, and protections for occupants and holders of derivative rights.
The dissertation also addresses procedural challenges, such as delays in implementing expropriation and disbursing compensation, the fate of expropriated property if purposes change, and the need for advance public disclosure of potential projects, emphasizing the importance of transparency, timely justice, and administrative accountability.
Through a comparative and critical approach, the dissertation highlights the effects of expropriation on individuals, the practical challenges faced in its implementation, and the safeguards established under both Saudi law and Islamic principles. It concludes that while expropriation remains a legitimate and necessary exception to ownership protection, continuous legislative development and procedural refinement are essential to enhance justice, protect private rights, and reinforce public confidence in administrative decisions. The dissertation ultimately provides insights and recommendations to strengthen legal practice, legislative safeguards, and the administration of expropriation for public benefit in Saudi Arabia.
Subject Area
Law
Degree Date
2026
Document Type
Dissertation
Degree Name
S.J.D.
Department
Dedman School of Law
Advisor
Thomas Wm. Mayo
Second Advisor
Julia Patterson Forrester Rogers
Third Advisor
Mohammed Alzahrani
Number of Pages
383
Format
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial 4.0 License
Recommended Citation
Nimir, Hayat Mohammadali Hassan, "Effects of Expropriation of Private Real Estate for Public Benefit in Saudi Law and Islamic Law" (2026). Theses and Dissertations. 30.
https://scholar.smu.edu/law_etds/30
Included in
Administrative Law Commons, Comparative and Foreign Law Commons, Property Law and Real Estate Commons, Public Law and Legal Theory Commons, Religion Law Commons
