مطالعات فقه و حقوق اسلامی (Jan 2025)

A research on the way of applying the government's sovereignty over wastelands

  • Hossein rasoliasiabi,
  • Aliakbar Izadifard,,
  • Mohammad Mahdi zarei

DOI
https://doi.org/10.22075/feqh.2022.26946.3239
Journal volume & issue
Vol. 16, no. 37
pp. 7 – 28

Abstract

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The importance of jurisprudential and legal examination of the way the government of the Islamic Republic of Iran applies its sovereignty over the lands of wastelands is due to the nature of anfal and the necessity of exercising government supervision over these lands during absence. According to the relevant laws, the government is the owner and has the right to take ownership of the wastelands. This ownership and right of ownership in the competition of wastelands has been planned and applied based on the official authority of the Imams of Usul (peace be upon them) over wastelands. By examining and comparing the reasons for the personal ownership of Imam asl (a.s.) with the reasons of those who believe in the official authority of Imam Asl (a.s.), the result is that the rival lands of wastelands belong to the Imams of Usul (peace be upon them). Based on this, it is expected that during his absence, by adjusting the government's authority to transfer the rival lands of favorable land through the approval of the new law, the ownership of Imam Asl (a.s.) over the rival lands of favorable lands will be stabilized and the transfer of the ownership of rival lands of favorable lands to the exploiters will be prevented. Action will come.

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