Jurisprudential-Legal Analysis of Developer's Ownership of Wasteland During Absence of Imam (A.S.)

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor of Criminal Law & Criminology, The Institute for Research and Development in the Humanities (SAMT), Tehran, Iran.

2 P.hD Graduate in Islamic Jurisprudence and Law, Mazandaran University, Babolsar, Iran.

10.22034/ils.2024.19409.1122

Abstract

There are two jurisprudential theories regarding the property of the settler over the wastelands. The first theory is that the ownership relationship of the Imam (a.s.) during his presence and absence, regarding the favorable lands, is a relationship that has remained, and the person who settles it is more deserving of occupying that land than others. In the books of some contemporary jurists who believe in the sovereignty of the position of Imamate, the sovereignty of the Islamic government is inferred to replace the property of the Imam (a.s.) and there has been considerable support for the survival of the sovereignty of the Islamic government over the lands of Muwat. The second theory is that during the absence of the Imam, the ownership relationship of the Imam (a.s.) with respect to the favorable lands was severed and the settler, after completing the settlement operation, acquires the owner of the land and the buildings built on that land.

This article, with the method of argumentative jurisprudential analysis along with the explanation of the corresponding legal dimensions, by examining the arguments presented by the supporters of two theories, it has reached the conclusion that according to the requirements of the evidence and continuous narrations, the revival of the fields Mowat during his absence caused the Imam (a.s.) to cut off the ownership relationship of the Imam (a.s.) or the Islamic government with the non- wastelands and revitalizing land.

Keywords

Main Subjects

Islamic Law Studies

Articles in Press, Accepted Manuscript
Available Online from 20 November 2024

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