In the Law on the Preservation of Agricultural Land Use, enacted on May 24, 1995 (and amended in 2006), the legislature has entrusted the Ministry of Agriculture Jihad with the responsibility of safeguarding agricultural lands. To fulfill these duties, certain executive and preventive powers are required. One of the powers granted to enhance the Ministry’s executive capacity is the authority to demolish the outcomes of unauthorized land use changes, as stipulated in Note 2 of Article 10 of the law. However, in practice, various interpretations have arisen concerning this provision, its interaction with Article 3 of the same law, and how the Ministry of Agriculture Jihad enforces it.



This paper, utilizing a documentary study and logical analysis, critiques these different interpretations and presents the view that Note 2 has a legal, preventive, executive, and independent nature from Article 3 of the law. It argues that the Ministry of Agriculture Jihad, under certain conditions, can proceed with the demolition of unauthorized structures before a court order is issued. This interpretation strengthens preventive measures against unauthorized land use changes in agricultural and garden areas. Nevertheless, adherence to certain protocols, such as issuing a warning and notifying the owner before action, the presence of a judicial representative during the execution, and the prohibition of enforcing this note on residential-ready buildings, is essential.



The primary aim of this paper is to resolve ambiguities regarding the nature of this note, which would promote a uniform judicial practice and, at the same time, highlight its preventive role