Genealogy of the Property:  A Comparative Study in Islamic and Western Law

Kazemi, Mahmud; PILVAR, RAHIM

doi:10.30497/law.2018.2307

Genealogy of the Property: A Comparative Study in Islamic and Western Law

Document Type : Research Article

Authors

mahmud kazemi ¹
RAHIM PILVAR ²

¹ Associate professor at the Faculty of Law, University of Tehran

² Assistant professor at the Farabi Campus, University of Tehran

10.30497/law.2018.2307

Abstract

Although the Iranian Civil Code has allocated a considerable part to the “property” and its related issues, the nature, concept, and criterion for knowing it has not been expressed yet. A parallel condition exists in French Civil Code which has been the inspiration of the Iranian Civil Code writers. Western Law has undergone significant changes, specifically in the recent centuries which is worthy of being studied. There is much controversy in Islamic Law (Fiqh) in this area. This article initially tries to study the concept and elements of the “property” and explain the criterion for knowing it in both Islamic and Western Law. And we will prove that the property is a concept of created by law and a “haghighat e orfie, not the law, and the diagnosis criterion is also personal.

Keywords