List of Articles usurpation

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - A Comparative Study of the Liability for the Profits Derived from Usurped Property ‎in the Islamic Law
  Akbar Ahmadi
  The issue of the liability of the usurper in respect of the profits derived from ‎the usurped property has long been a bone of contention among Muslim jurists. Differences of opinion among the Islamic jurists, and the variety and ‎insufficiency of the previous a More

  The issue of the liability of the usurper in respect of the profits derived from ‎the usurped property has long been a bone of contention among Muslim jurists. Differences of opinion among the Islamic jurists, and the variety and ‎insufficiency of the previous arguments are the reasons for ‎writing this article. On this issue, Abu Hanifa and his early followers believe that the usurper is by no means liable for the profits derived from the usurped property. ‎Malik b. Anas also believes that the usurper shall not be liable in the case of not using. The Shafi'iyya, the Shi'a and the Hanbali, however, believe that the usurper shall be ‎liable whether or not he derives benefit from the property. ‎The inaccuracy of applying usurpation to profits, the opinion that profits are not capable of being owned (property), the tradition of Al-kharaj bial-ziman (profits against ‎liability), and deductive analogy ‎(qiyas) form the basis of the arguments posed by the jurists who believe in the non-liability of the ‎usurper.‎ On the other hand, assessment of profits, profits being customarily considered as capable of being owned (property), the rule of the sanctity of Muslim property, the permission to similar transgression, accuracy of applying usurpation to profits, the conduct of the wise and the ‎liability for the forfeiture resulting therefrom, the rule of “no harm” (la zarar) in addition to ‎authentic traditions and consensus among the jurists are the most important arguments by the jurists who believe in the liability of the usurper for the profits derived from the usurped property provided that profits are capable of being bartered in a rent contract. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - investigating the phenomenon land speculation take a look at imami jurisprudence
  ROHOLLAH NIAZAZARI mahmoud ghauomzade saeid atazadeh
  10.22034/ijrj.2023.1935582.3822
  The phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the pr More

  The phenomenon of land speculation is a problem in civil society. Recent studies have shown that much of its spread is due to the lack or lack of proper codification of independent and codified laws. Reference and study in Imami jurisprudence shows that damage to the property of natural and legal persons in any way is condemned under several verses and hadiths and in the words of jurists in the form of jurisprudential rules this issue has been written. Examining the provisions of well-known rules such as harmlessness, sanctity of false property, respect for Muslim property, pride, usurpation, etc., which are sometimes the basis of various laws in the financial, economic and social relations of the Islamic society, are the concern of the Shari'a. It also proves the necessity of studying and explaining efficient laws in this emerging issue in the first way. This article seeks to determine the undeniable necessities in the intellectual stream of Imami jurisprudence, the formulation of an independent crime, the mapping of the correct path of supervision, the identification of areas and openings for the expansion of this harmful phenomenon in society, which should be in the form of laws. The text should be revised and implemented by the legislator of the Islamic government with the utmost care and delicacy Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  3 - rejection of the exclusion theory of usurpation from the general rules of civil liability
  rasool malakooti
  Theory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the ru More

  Theory of severe encounter with the usurper causes the rules of the usurped institution to be considered strict, while in other sources there is no such civil liability. This attitude and the lack of need for harm and causation, has caused most lawyers to analyze the rules governing this institution apart from the general rules of civil liability. In this article, an attempt has been made to invalidate the fegh attitude and pay attention to the structure of the civil law, and to prove the impossibility of this separation. It seems that the difference between dealing with the usurper and other sources of civil liability is not due to a difference in the nature or rules of this institution, but to an imperfect view of the concept of financial guarantee in jurisprudence. Guarantee in jurisprudence means creating an obligation against another, the guarantee of its implementation is crystallized in three longitudinal forms of equal return, retribution and payment of price. In law, however, the concept of civil liability, which is equivalent to the term guarantee, is merely narrow to the third form, the obligation to pay damages. This self-made constraint in the concept has led to the impossibility of applying the rules and pillars of the usurpation institution to the general pillars of the guarantee and its severity Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  4 - "Feasibility of obtaining a guarantee for non-satisfied interests in corrupt contracts In Iranian Law and Imami Jurisprudence"
  Alireza Mohammadbeyki hoseein asadzadeh Meisam jamali
  Although the principle necessarily is that the legal subjects´ assets to be protected; but today, we see that due to different reasons some gap intervenes between an owner and their assets. Examples for this issue are usurpation and also delivery by an invalid con More

  Although the principle necessarily is that the legal subjects´ assets to be protected; but today, we see that due to different reasons some gap intervenes between an owner and their assets. Examples for this issue are usurpation and also delivery by an invalid contract. There is no doubt about the requirement of recovering or substituting a property usurped or delivered by an invalid contract. Also, there is little doubt about the guarantee for the received benefits. But, regarding the fact that whether it is feasible for the unused benefits to be realized or not, we see a diversity of comments, i.e., we see that the law falls silent about these issues, and there is a diversity of jurisprudential rules along with lack of comprehensiveness of subjects, therefore, the necessity of the present research becomes justified. Thus, by descriptive-analytical methods, the present research tried to review and analyze the jurisprudents´ and lawyers´ positions regarding realization of unused benefits claims in an invalid contract. The results showed that the issue in Islamic jurisprudence has been a disputed issue since the past, although, by adducing evidences such as the rule of presumption of possession, consensus, and rule of equality of rules received for an invalid contract with usurped institution, accepting the rule of liability for unused benefits in an invalid contract seems to be reasonable; moreover, from the legal perspective, although civil code provides no expressed rule on unused benefits in invalid contracts, by correct interpretation of the available rules, it can be ruled for liability for unused benefits. Manuscript profile