Easement Rights in Mālikī Jurisprudence and the Libyan Civil Law: A Comparative Study

Abstract

This study provides a comparative analysis of the right of easement in Maliki jurisprudence and the Libyan Civil Code, addressing the organization of this right, the similarities and differences between the two systems, and the role of comparative study in enhancing its practical regulation. The research follows a comparative and analytical methodology and examines four main areas: the concept, legitimacy, and types of easements; the conditions for its establishment and methods of acquisition in Maliki jurisprudence; the effects of the right and parties’ obligations; and the easement system under the Libyan Civil Code. The study reveals that easement in Maliki jurisprudence is a regulated religious and positive law system balancing the interests of the owner and the beneficiary, established through clear indicators, and acquired by agreement and consent, with detailed provisions on usage priority, temporary participation, and usage regulations. In contrast, the Libyan Civil Code defines easement as a real burden linked to the property itself, acquired by legal acts, inheritance, and prescription for apparent easements only, lacking certain practical details. The research concludes that while fundamental principles coincide, the Libyan Civil Code requires refinement to regulate usage, reduce disputes, and protect both parties.