Conflict of personal land ownership with typical social interests

Document Type : Original Article

Authors

1 Ph.D student of Jurisprudence and Fundamentals of Islamic Law and Theology Department , Yadegar-e-Imam Khomeini (RAH) Shahre Rey Branch, Islamic Azad University, Tehran, Iran

2 Assistant Professor of Jurisprudence and Fundamentals of Islamic Law and Theology Department , Yadegar-e-Imam Khomeini (RAH) Shahre Rey Branch, Islamic Azad University, Tehran, Iran

Abstract

Property is respected in Islam, but the scope of this property is limited. The exercise of property rights is valid to the extent that it doesn't harm the rights of others. The owner always wants laws and regulations to be passed and enforced to guarantee and validate the property. But today we're witnessing the establishment of laws that restrict and sometimes deprive property rights. In addition, in terms of causing harm to individuals, at the community and government level, the interests of typical society take precedence over interests of individual, and in case of conflict, whenever interests of typical society demand; Individual interest will be limited. Meanwhile,no property can be taken out of the possession of its owner except with a religious and legal license and after determining and paying its fair price (Article 15 AH). And according to the rule of domination, no owner can be forced to transfer his property. But famous jurists and juristic believe that the rule of domination will not be applicable in case of conflict with the rule of no harm. In the interests of justice, the religious government in such cases will compensate damage to property owners and pay the price of the seized property at a fair price. Although, on the one hand, the protection of the public interest has priority, on the other hand,all people are responsible for social costs, and in the meantime, certain individuals or individuals shouldn't bear the burden of public costs and suffer losses.

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