Desirable pattern Jurisprudential approach - legal of government involvement in private property

Document Type : Research Article

Authors

1 Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Ph.D. student of public law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

Today, the government is engaged in private ownership of various types of interference, in a variety of ways, such as legislation, regulations, and Executive bylaws, or through judicial decisions. In this article, Meanwhile explaining the legal and Jurisprudence forms of government involvement in ownership and its area and method, we will examines the pathology of the existing system and examine the implementing and Basic imperfections of interventions. In the end, we will present desirable pattern of the extent of state interference in ownership. By adopting a descriptive-analytical method, this article concludes that the implementation of Islamic rulings in the legal system of the Islamic Republic of Iran, in some cases, including the freedom to revitalize lands without government supervision, or the possibility of construction on personal property without supervision, can be Make practical problems. Accordingly, some issues, including the preservation of public interests and public order, require the government to intervene reasonably in the ownership of individuals.

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The Journal of Islamic Law Research
Volume 20, Issue 1 - Serial Number 49
September 2019
Pages 125-146

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History

  • Receive Date: 21 April 2019
  • Revise Date: 13 July 2019
  • Accept Date: 06 August 2019

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