نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه ازاد اسلامی
2 دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Private ownership is one of the fundamental rights in the Iranian legal system; however, this right is subject to certain limitations when confronted with public interests and concepts such as anfāl (Islamic public property). One of the most prominent areas of this tension concerns forest and rangeland lands, which, while being classified as anfāl, often have a history of private ownership. Adopting a jurisprudential–legal approach with a focus on private law, this study examines the impact of the nature of anfāl on individual ownership rights in forest and rangeland areas. The central question addressed in this article is whether the inclusion of these lands within the category of anfāl implies the total negation of private ownership or merely imposes legitimate restrictions on it. The findings indicate that, based on Islamic jurisprudential principles such as possession (yad), revival of dead land (ihyāʾ al-mawāt), and dominion (tasallut), private ownership of lands lawfully revived prior to nationalization remains valid, and the rules governing anfāl apply only within the framework of the theory of “legitimate limitation of ownership in pursuit of public interest.” Accordingly, the presumption favors the continuation of private ownership unless deprivation occurs under explicit legal authorization and with fair compensation.
کلیدواژهها [English]
