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property ownership and posibllity of posefsiong back wood and pastures
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Mojtaba Bagherzadeh1   , Seyyed mostafa Mohaghegh damam2 , Zeinab gholamali Seifi zsynab3 |
1- department of law factualityof humanities
2- shahid beheshti phd
3- pritate law school law factulity |
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Abstract: (21 Views) |
In Islamicjurisprudence, specific rulings have been established for natural resources,especially forests and rangelands due to the importance they have in a country’s economy. Consequently, individuals exercised proprietary rights and entered into various contracts such as settlement , sale and endowment .Based on the ruling that permits the utilization of enfal during the period of the occultation of the Infallible Imam , some forest and rangeland lands, through human intervention and actions such as revival , possession , and similar measures, came under individuals’ proprietary possession; or they were, as the protective boundary of a village or settlement, unavoidably subject to continuous use for livelihood, subsistence, animal husbandry, and other purposes, and were regarded as an integral part of the settlement. Therefore, in view of the relevant feqhi, legal, and customary rules, one cannot simply disregard private ownership over such assets formed prior to the establishment of the Islamic Republic in Iran merely on the pretext that forests and rangelands may constitute instances of enfal.Accordingly, the possibility of acquiring ownership over forest and rangeland lands and, fundamentally, the answer to the important question of whether the law on the Nationalization of Forests and Rangelands, adopted on 1963/01/17, renders private ownership in the relevant lands void, or whether, while recognizing and respecting individuals’ ownership, it merely constitutes a regulation aimed at the expropriation of private property for the purpose of securing the public interest is of great significance.
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Article number: 2 |
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Full-Text [PDF 229 kb]
(31 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/01/15 | Revised: 2026/01/17 | Accepted: 2026/01/16 | Published: 2026/01/16
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