Examples of property confiscation in Iran's subject law

Document Type : Original Article

Authors

1 PhD Student in Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University of Birjand, Birjand, Iran

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University of Birjand, Birjand, Iran

Abstract

Property confiscation means confiscation of all or part of the defendant's property for the benefit of the government. Due to the prevalence of some specific acts and violations in the society, the legislator has used the executive guarantee under the title of nationalization and confiscation of property to punish and punish the relevant persons. Therefore, one of the most important measures that should be taken regarding property related to crime is the confiscation of this property, which is usually done in order to confiscate said property, and also the purpose of confiscation and confiscation of property, as well as its Shari'a and legal foundations, should be examined. As a result, ownership is respected only when it is created through legitimate means. Based on this, in this research, it has been tried to answer this main research question: what are the examples of confiscation of property in Iranian law? Give an appropriate answer. According to the nature of the subject, the present research has been conducted in terms of practical purpose and in terms of collecting information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner. The findings and results showed that confiscation of the property of the convicted by the government is oneof the legal methods based on the laws of the country (Article 49 of the Constitution) and verses and traditions. , embezzlement, theft, gambling, abuse of endowments, and abuse of boycott and government transactions.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 1468-1487

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