Palestine Supreme Judge Dr. Taiseer al-Tamimi, President of the Quds Center for Research and Human Rights, member of the Arabic Islamic Committee in Defense of Ashraf, issued a legal statement and religious fatwa describing a law on Ashraf residents’ moveable and immovable properties.
“Following an ample assessment of the laws in this regard, it has been specified that these assets are based on the text and rulings of Iraq’s 1951 Civil Law that Iraq currently abides by. Referring to the below articles, the implementations of these laws are mandatory:
1. The residents came to own the lands of Camp Ashraf, with its recognized borders and specifications, after an official party at the time legally transferred it to them. This ownership took place in good faith and their ownership became a matter of time, becoming an acquisitive ownership. Therefore, with reference to Article 1117 of the abovementioned law, Ashraf residents and their following heirs are owners of this land.
This article says, “Whatever is on and in the ground, including buildings, trees and any other facilities resulting from the actions of the landowners and through his/her expenses is considered under his/her ownership unless proven otherwise.” With reference to Article 11165 that says, “An individual, who owns a property with good faith, after a period of possessing that property, is also the owner of the resulting addends and interests.”
2. All facilities the residents built in Camp Ashraf, including moveable, immovable and facilities built in Ashraf, and the trees planted there all belong to the residents based on Article 1120 of the abovementioned law. Article 1120 states in this regard, “If an individual builds a building or facility with his/her own raw material or plants a tree on a ground belonging to another owner, with legal claim and reasoning, and the price of the resulting objects is more than the price of the land, the builder can become the owner of the land by paying the price of the land. And if this price is not less than the price of the built objects, the landowner can become the owner of the built objects by paying the price their price.”
After referring to Sharia and juridical sources and judicial rulings, it was realized that these texts came from high Islamic Sharia teachings and rulings.
To summarize the issue, regarding Ashraf residents’ legal and juridical rights over their moveable and immovable properties, ensured in international conventions, Iraq’s domestic laws are consistent with Islamic Sharia rulings. Their ownership over the past years has been a legal ownership and all the assets that have been established in Ashraf are a result of the residents’ efforts and work.
On behalf of the Islamic-Arabic Committee in Defense of Ashraf, and upon the responsibilities in following up on the issue of the residents’ forcible relocation to Camp Liberty and the pain and suffering that has been inflicted on them as a result of the Iraqi government’s suppressive measures, and the obstacles that have been set to hinder their property sales at Camp Ashraf, based on my legal, judicial and Sharia responsibilities as chief of the Research and Human Rights Center of Noble Quds, I underscore that the Ashraf residents’ rights over their moveable and immovable assets and even Ashraf’s land is a sovereign right that leaves no room for any argument or debate by any side. The Islamic-Arabic Committee in Defense of Ashraf, while emphasizing and showing interest in defending the residents’ rights, announces that it will not hesitate to take any legal and popular measure in this regard.

Al-Khalil – Palestine
October 22, 2012