Pathology of the sphere of authority of the compulsory guardian from the perspective of Islamic jurisprudence and Iranian law

Document Type : Original Article

Authors

1 Department of Law, Kish International Branch, Islamic Azad University, Kish island, Iran

2 Department of Law, Kish International Branch, Islamic Azad University, Kish Island, Iran

10.30510/psi.2022.336772.3320

Abstract

Abstract
Abstinence, whether supportive or suspicious, is the inability to seize one's rights. The Holy Shari'a, in order to protect the absentees, has established the principle of coercive guardianship over the property. It limits the authority, it is the personal interest of the one who is deprived and needs the province. Therefore, coercion does not have the right to do something that is against the interest or involves harm to the detainee.
Using a descriptive and analytical method, this article deals with the pathology of the jurisdiction of the guardian from the perspective of Islamic jurisprudence and Iranian law.
If it turns out that the non-use of the right of pre-emption is the result of the fault of the guardian, guardian and custodian and their negligence in managing the financial assets or colluding with the buyer in wasting the dispossessed right and also in case the guardian fails to exercise special interest or necessity To prove himself, of course, his debauchery does not have the power to abolish the right of pre-emption.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 2130-2145

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