The role of Istihab in the Issue of National Lands with Emphasis on Pastures and Related Legal Punishments
Subject Areas :
Abbas
Ghasemei
1
(دانشجوی دکتری فقه و مبانی حقوق اندیشه امام خمینی (ره)، واحد تبریز، دانشگاه آزاد اسلامی، تبریز، ایران.)
Hamied
Eivazei
2
(استادیار، گروه فقه و مبانی حقوق اسلامی، واحد تبریز، دانشگاه آزاد اسلامی، تبریز، ایران. (نویسنده مسؤول))
Keywords: crime, istihab, National Lands, former law,
Abstract :
The purpose of the present research was to investigate the role of Istihab concerning the national lands with emphasis on pastures and related legal punishments. Istihab is considered as one of the widely used practical principles in the laws of the Islamic Republic of Iran, which is derived from jurisprudential inferences. Regarding this principle, it can be mentioned to deal with doubts about the ruling for certainty in the implementation of the regulations. According to the principle of acceptance, the Iranian legislator has based the legislative policy on the basis of certainty. Therefore, it is obligatory to use the above-mentioned principle regarding the application of the old ruling over the new one in times of doubt. Accordingly, in the current research, we seek to express this principle in the laws related to dealing with the usurpation of national lands and crimes against it, taking into account the possibility of a person's ownership of the claimed lands. Our method in this article is based on the library method.
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