This article examines the notion of easements in Islamic jurisprudence and positive law, with a special focus on water-related easements under Moroccan legislation. It outlines the legal framework governing the allocation, control, and protection of water resources, highlighting the right of aqueduct (watercourse) and the drainage easement as regulated by Morocco’s Water Law No. 10-95. It also discusses the conditions for establishing these rights, the competent procedures, and the principles of fair prior compensation, while pointing to key practical challenges in their implementation.
Abdeljalil Joudat (Tue,) studied this question.