The role of expediency and necessity in the preference of a kind of social ownership over personal property

Document Type : Original Article

Authors

1 Department of Theology, Jurisprudence and Fundamentals of Islamic Law, Imam Khomeini Memorial Unit, Rey, Islamic Azad University, Tehran, Iran

2 Department of Theology, Jurisprudence and Fundamentals of Islamic Law, Imam Khomeini Memorial, Shahr Rey, Islamic Azad University, Tehran, Iran

10.30510/psi.2022.326059.2995

Abstract

The innate and instinctive interest of people in owning achievements and what meets their needs in various fields has led humans to recognize the principle of ownership for a long time. Celestial religions, including Islamic law as the last divine religion, have also signed and affirmed the respect of private property. Islam not only gives people control over their property and gives them various possessions in their property, but also forbids the interference of others in the property of individuals except with their full consent, however, because the ruling body is in charge of the affairs of society and responsible Performing public services and administering justice in society and laying the groundwork for the exercise of individual property. This principle has some limitations and has caused the owner to allow the ruling body in some cases to expropriate in order to exercise social interests. Restrictions on the private property of individuals by the governing bodies can be examined within the framework of the two criteria of "expediency and necessity". Accordingly, the present study seeks to investigate the role of expediency and necessity in the preference of a kind of social ownership over personal property. The results of the study indicate that the need to maintain social order and in the highest horizon of social justice requires that the rule of society,

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 1098-1117

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