Although the Iranian Civil Code has allocated a considerable part to “property” and its related issues, the nature, concept, and criterion for identifying it have not yet been expressed. A similar condition exists in the French Civil Code, which served as the inspiration for the Iranian Civil Code. Western law has undergone significant changes, especially in recent centuries, which makes it worthy of study. There is also much controversy in Islamic law (Fiqh) on this subject. This article initially seeks to study the concept and elements of “property” and to explain the criterion for identifying it in both Islamic and Western law. We will demonstrate that property is a concept created by law and a haghighat-e orfie, not a purely legal construct, and that its diagnostic criterion is also personal.
Kazemi, M. and Pilvar, R. (2018). Genealogy of the Property: A Comparative Study in Islamic and Western Law. Journal of Islamic Law Research, 19(1), 181-208. doi: 10.30497/law.2018.2307
MLA
Kazemi, M. , and Pilvar, R. . "Genealogy of the Property: A Comparative Study in Islamic and Western Law", Journal of Islamic Law Research, 19, 1, 2018, 181-208. doi: 10.30497/law.2018.2307
HARVARD
Kazemi, M., Pilvar, R. (2018). 'Genealogy of the Property: A Comparative Study in Islamic and Western Law', Journal of Islamic Law Research, 19(1), pp. 181-208. doi: 10.30497/law.2018.2307
CHICAGO
M. Kazemi and R. Pilvar, "Genealogy of the Property: A Comparative Study in Islamic and Western Law," Journal of Islamic Law Research, 19 1 (2018): 181-208, doi: 10.30497/law.2018.2307
VANCOUVER
Kazemi, M., Pilvar, R. Genealogy of the Property: A Comparative Study in Islamic and Western Law. Journal of Islamic Law Research, 2018; 19(1): 181-208. doi: 10.30497/law.2018.2307
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