Abstract:

As a social being, humans live collectively and spend a certain part of their lives in public areas such as parks, roads, lakes, rivers and pastures, which are not subject to private property in Islamic law and are called public property, and are open to everyone's use. The earth has been entrusted to humans and it has been requested that it be protected, developed and utilized in accordance with equity. In particular, protecting common areas and keeping them open to the public makes great contributions to human life. In today's world where urbanization is rapidly increasing, the importance of common areas has become more apparent. Today, these areas, which are generally called public property and are offered to the service of the society, are guaranteed by the state in both Islamic and positive law. Because such places need the authority to remain open and usable to the public. As the area of public use of public services expands with urbanization, the necessity for the state to make the necessary regulations in this field emerges. Accordingly, today, in some cases, such public goods may be subject to private ownership, or they may be made available for use for a fee through rental, sale, or their use may be limited. In this respect, the study examines the limits of the state's authority in building bottled water filling facilities and dams called HES, renting sea beaches, recreation areas and ski resorts to private enterprises, allowing fish farming on streams and operating urban street edges as vehicle parks, and the profit obtained from these enterprises. It has been tried to clarify the necessity of benefiting the local people.

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