Refusing Property from the Fiqh Imamiyeh and Law

Subject Areas : Private law

mohammadreza mohammadzadeh ¹ , shokoufeh setayeshmehr ²

1 - واحد شیروان
2 - واحد شیروان

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: ownership, Refusing property, Refusing rule, Permissible possession,

Abstract :

Monarchy is one of the absolute rules of Islamic jurisprudence rules which represent dominion over the property from owner. But in some cases owners to despair of reaching and his assess the rub or because of some other reasons refuse from it and don’t give ownership anyone else. Now this is the question: dose ownership remove from owner by refusing of his ownership and the second question is: can anyone else dominate on it? Ownership can’t be removed just by refusing of owners from ownership. But if it is dispensed and a person other than the owner take it and prevent the wasting of it so he will be owner .In this situation, the owner lost his owner ship. So, the property is placed in a sentence permissible property and others are free to set it to their ownership and everyone who saves it can be the owner.