Jurisprudential Principles of the Deeds and Properties Registration System

Document Type : Original Article

Authors

1 PhD Student in Private Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran

2 Assistant Professor of Private Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran

10.30510/psi.2022.309914.2457

Abstract

Today, there is no doubt that the legal entity of the deeds and properties registration plays a sovereign role in society, and perhaps the subject of the deeds and properties registration system is the first civil-legal organization/entity in the privatization debate because it is being completely privately managed. Apart from the discussion of the civil law and the historical background of the deeds and properties registration, the foundations for the formation and establishment of a registration system are very thought-provoking from an Islamic point of view, because at the very least, the precise preparation of documents guarantees the administration of justice and strengthens the confidence of witnesses when testifying and prevents the creation of pessimism, suspicion and distrust among the members of the society. Therefore, in this article, a descriptive-analytical method has been used to study the jurisprudential principles of the deeds and properties registration system with regard to some Quranic verses and hadiths related to legal issues and document preparation in transactions, which are based on the peace of mind of both parties to the transaction, prevention of forgetfulness, prevention of denial, prevention of suspicion, prevention of possible intrusion and occupation, protection of rights and prevention of its wastage, etc.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 1487-1500

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