حدود مالکیت خصوصی و عمومی در ایران: نگاهی جامعه‌شناختی

Subject Areas :

Zahra  Sarhadi ¹ (دانشجوی دکتری حقوق عمومی، دانشگاه آزاد اسلامی، واحد امارات. [e-mail])
Seyed mohammad mahdi  ghomami ² (استادیار، دانشکده معارف و حقوق، دانشگاه امام صادق (ع). [e-mail])
Tavakol  Habibzadeh ³ (دانشیار، دانشکده معارف و حقوق، دانشگاه امام صادق (ع). habibzadeh @isu.ac.ir)

Received: 2019-03-11 Accepted : 2019-03-11 Published : 2019-01-21

Keywords: Key words: ownership, private property, public ownership,

Abstract :

Ownership, in particular, of two categories of property, individual and social, is one of the most controversial human concepts. Individual and social ownership is different in different societies. Western societies and capitalism are more valuable to individual ownership and socialist and communist societies for social ownership. This has had various consequences for these communities and their economic structure has been affected. In Iranian society, due to the domination of Islamic values, the government has always tried to regulate ownershiplaws in accordance with Islamic jurisprudence. In Iranian law, its ownership and scope is both public ownership and private interests. In this study, different dimensions of ownershipfrom a social perspective are addressed. Islamic values ​​play an important role in determining the limits of ownership and consequences for society. Some of the most important Islamic values ​​that matter in determining the scope of ownership include solidarity and justice. The present research attempted to offer suggestions on the extent of ownership in Iran based on these values.