پژوهشنامه حقوق تطبیقی (Jun 2022)

The Place of Official Documents in Financial Security of Citizens in Imami Jurisprudence and Law

  • Mohammad Abbasi atoie,
  • Ali Babaee Mehr,
  • Davod Qasemi

DOI
https://doi.org/10.22080/lps.2022.23046.1304
Journal volume & issue
Vol. 6, no. 1
pp. 187 – 205

Abstract

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Citizens' financial security is the principle that generates the systematization and stability of the legal order and guarantees civil and social rights. It is of high significance as the inspirational principle of the entire legal system. From this perspective, the present article, after expanding the conceptual space of the subject, examined the issues of financial security. According to the thematic documents presented in this research, a descriptive-analytical method has been used to analyze the data collected from the library sources. The research questions asked how official documents provided financial security and how this issue has been raised in jurisprudence and law. In regard to the questions raised, the research hypotheses were formulated as follows: it seems that the official documents can eliminate the sense of legal and financial insecurity in society and promote a sense of financial and legal security both in Imami jurisprudence and in subject law. The findings showed that, although the official document is emphasized in the subject and jurisprudential laws of Iran, in practice, the ownership of many real estates is based on ordinary documents and lacks the registration records. Hence, if the document is revoked, it causes insecurity of the citizens' financial rights. Therefore, it is proposed that with a new look based on Islamic jurisprudence, which emphasizes writing and documenting, the official document can be used to guarantee the financial rights of the citizens.

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