A Comparative Study of Expropriation, Acquisition of Property Based on Islamic Jurisprudence and International Legal Systems
mohammadsadegh ebrahimiyan
1
(
PhD. student in Fiqh and Fundamentals of Islamic Law, Chalous Branch, Islamic Azad University, Chalous, Iran
)
Baitullah Div Salar
2
(
Jurisprudence and Law, Humanities, Islamic Azad University, Chalus, Iran
)
parviz zakaiyan
3
(
Assistant Professor of Fiqh and Fundamentals of Islamic Law Department, Chalous Branch, Islamic Azad University, Chalous, Iran
)
Keywords: Acquisition, property, Islamic jurisprudence, international legal systems,
Abstract :
Property is the exclusive allocation of property to the holder that forbids others from occupying it and is called possession and confiscation. The purpose of this study is a comparative study of confiscation, possession of property and properties based on Islamic jurisprudence and international legal systems. The research is descriptive-analytical and the findings indicate that in Islamic jurisprudence the possession of legitimate property is not incompatible with Islamic norms, but the possession of illegitimate property and possessions is not considered legitimate. Imam Khomeini (ra) has allowed the possession of illegal property. It must be in the public interest and the government does not own this property. In order to provide legal protection for public property, this theory; Deprives the government of the right to transfer public property and obliges it to protect and maintain that property. Acquisition is recognized in most international systems.
