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The Basics of Restricting the Ownership of Persons by the Government
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Zahra Hamidi Farah Abadi1    , Akbar Fallah 2, Ali Faghihi3 |
1- Ph.D Student, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran.
2- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. (Corresponding Author)
3- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. |
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Abstract: (588 Views) |
Background and Aim: The issue of limiting the ownership of persons by the state is one of the most important issues in society. The main question of the research is, with what permission can the government restrict the ownership of individuals, and in fact, what is the jurisprudential and legal basis of the realm of state sovereignty in restricting the ownership of individuals?
Materials and Methods: It is descriptive study.
Ethical Considerations: All ethical considerations have been observed.
Findings: In sum, theories of restricting ownership can be divided into three categories: Absolute Freedom of ownership (Capitalism), Complete Limiting of personal property (Shared or Socialism) and Partial Limiting of personal property (Islamic opinion).
Conclusion: Justifications such as the primacy of public interest over private, expediency, the exercise of sovereignty by the state, and the jurisprudential rule of La-Zarar, can be a license to restrict the private property of individuals.
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| Keywords: Restriction of Ownership, Jurisprudence, Government. |
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Full-Text [PDF 936 kb]
(337 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2022/07/16 | Revised: 2022/10/29 | Accepted: 2022/08/25 | Published: 2022/09/23
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