Chapter
6:
Legal
and
regulatory
framework
of
Water
Law
‘[e]ach
beneficiary
of
any
of
the
water
resources
enjoys
the
right
of
utilization
with
a
view
not
to
harm
these
resources
or
the
interests
of
the
others,
(…).
The
State
intervenes
to
regulate
the
rights
and
duties
of
utilizing
the
water
in
accordance
with
the
provisions
of
this
Law
and
the
bylaws
and
rules
that
execute
its
provisions.’
These
provisions
show
that,
on
the
one
hand,
water
is
in
principle
owned
by
nobody
as
is
in
line
with
Shari’ah,
whilst,
on
the
other,
water
rights
are
subject
to
rules
formulated
by
the
State
as
is
in
line
with
the
Constitution.
6.4.2
Conditions
of
water
ownership
Shari’ah
recognizes
four
types
of
water
sources
in
relation
to
water
ownership:
(a)
water
enclosed
in
manufactured
receptacles,
(b)
water
in
wells,
cisterns
and
springs,
(c)
water
in
small
rivers
or
streams
belonging
to
specific
communities,
and
(d)
water
in
great
rivers.
Unless
water
is
taken
and
placed
in
privately
owned
containers
as
explained
above
water
cannot
be
privately
owned.
In
the
other
categories,
water
is
owned
either
by