Genealogy of the Property: A Comparative Study in Islamic and Western Law
Although the Iranian Civil Code has allocated a considerable part to the “property” and its related issues, the nature, concept, and criterion for knowing it has not been expressed yet. A parallel condition exists in French Civil Code which has been the inspiration of the Iranian Civil Code writers....
| Główni autorzy: | , |
|---|---|
| Format: | Artykuł |
| Język: | Arabic |
| Wydane: |
Imam Sadiq University in Iran, Islamic Republic of
2018-08-01
|
| Seria: | پژوهشنامه حقوق اسلامی |
| Hasła przedmiotowe: | |
| Dostęp online: | https://ilr.isu.ac.ir/article_2307_019f6e011eef60cb1dbf034d3df04c73.pdf |
| _version_ | 1827142894766522368 |
|---|---|
| author | mahmud kazemi RAHIM PILVAR |
| author_facet | mahmud kazemi RAHIM PILVAR |
| author_sort | mahmud kazemi |
| collection | DOAJ |
| description | Although the Iranian Civil Code has allocated a considerable part to the “property” and its related issues, the nature, concept, and criterion for knowing it has not been expressed yet. A parallel condition exists in French Civil Code which has been the inspiration of the Iranian Civil Code writers. Western Law has undergone significant changes, specifically in the recent centuries which is worthy of being studied. There is much controversy in Islamic Law (Fiqh) in this area. This article initially tries to study the concept and elements of the “property” and explain the criterion for knowing it in both Islamic and Western Law. And we will prove that the property is a concept of created by law and a “haghighat e orfie, not the law, and the diagnosis criterion is also personal. |
| first_indexed | 2025-03-20T19:34:11Z |
| format | Article |
| id | doaj.art-b82a3fb408c44b09b24f4c6df6dff069 |
| institution | Directory Open Access Journal |
| issn | 2251-9858 2588-6673 |
| language | Arabic |
| last_indexed | 2025-03-20T19:34:11Z |
| publishDate | 2018-08-01 |
| publisher | Imam Sadiq University in Iran, Islamic Republic of |
| record_format | Article |
| series | پژوهشنامه حقوق اسلامی |
| spelling | doaj.art-b82a3fb408c44b09b24f4c6df6dff0692024-08-21T11:56:32ZaraImam Sadiq University in Iran, Islamic Republic ofپژوهشنامه حقوق اسلامی2251-98582588-66732018-08-0119118120810.30497/law.2018.23072307Genealogy of the Property: A Comparative Study in Islamic and Western Lawmahmud kazemi0RAHIM PILVAR1Associate professor at the Faculty of Law, University of TehranAssistant professor at the Farabi Campus, University of TehranAlthough the Iranian Civil Code has allocated a considerable part to the “property” and its related issues, the nature, concept, and criterion for knowing it has not been expressed yet. A parallel condition exists in French Civil Code which has been the inspiration of the Iranian Civil Code writers. Western Law has undergone significant changes, specifically in the recent centuries which is worthy of being studied. There is much controversy in Islamic Law (Fiqh) in this area. This article initially tries to study the concept and elements of the “property” and explain the criterion for knowing it in both Islamic and Western Law. And we will prove that the property is a concept of created by law and a “haghighat e orfie, not the law, and the diagnosis criterion is also personal.https://ilr.isu.ac.ir/article_2307_019f6e011eef60cb1dbf034d3df04c73.pdfpropertythingdiagnosis criterionpersonal criteriacustomary property |
| spellingShingle | mahmud kazemi RAHIM PILVAR Genealogy of the Property: A Comparative Study in Islamic and Western Law پژوهشنامه حقوق اسلامی property thing diagnosis criterion personal criteria customary property |
| title | Genealogy of the Property: A Comparative Study in Islamic and Western Law |
| title_full | Genealogy of the Property: A Comparative Study in Islamic and Western Law |
| title_fullStr | Genealogy of the Property: A Comparative Study in Islamic and Western Law |
| title_full_unstemmed | Genealogy of the Property: A Comparative Study in Islamic and Western Law |
| title_short | Genealogy of the Property: A Comparative Study in Islamic and Western Law |
| title_sort | genealogy of the property a comparative study in islamic and western law |
| topic | property thing diagnosis criterion personal criteria customary property |
| url | https://ilr.isu.ac.ir/article_2307_019f6e011eef60cb1dbf034d3df04c73.pdf |
| work_keys_str_mv | AT mahmudkazemi genealogyofthepropertyacomparativestudyinislamicandwesternlaw AT rahimpilvar genealogyofthepropertyacomparativestudyinislamicandwesternlaw |