Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 779-788 |
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Mirshafeie M S, Emam S M, Bahrami Khoshkar M. Obligatory rulings on the seizure of private property in municipal development projects from the perspective of Islamic jurisprudence. MLJ 2021; 15 :779-788
URL: http://ijmedicallaw.ir/article-1-1445-en.html
URL: http://ijmedicallaw.ir/article-1-1445-en.html
1- Semnan Branch, Islamic Azad University, Semnan, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran
3- Department of Law, Shahid Motahari University, Tehran, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran
3- Department of Law, Shahid Motahari University, Tehran, Iran
Abstract:
Background and Aim: Among the duties of municipalities is the development of the city; Sometimes the implementation of development projects is hampered by the private property of individuals. The question is, what are the mandatory rules for seizing private property located in municipal development plans?
Materials and Methods: The method of this article is descriptive and analytical based on books, articles and researches to collect data and information.
Results: The necessity of seizing private property by the municipality, which is necessary for public services and upgrading the city, in some cases, limitation or expropriation of private property for the municipality and the government becomes inevitable.
Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Conclusion: If the civil works of the municipality are ordered by the Shari'a governor: consequently, the Shari'a ruler decides this or for the benefit of the Muslims, and if someone who is authorized by the governor rules, this is permissible and effective.
Cite this article as: Mirshafeie MS, Emam SM, Bahrami Khoshkar M. Obligatory rulings on the seizure of private property in municipal development projects from the perspective of Islamic jurisprudence. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: The method of this article is descriptive and analytical based on books, articles and researches to collect data and information.
Results: The necessity of seizing private property by the municipality, which is necessary for public services and upgrading the city, in some cases, limitation or expropriation of private property for the municipality and the government becomes inevitable.
Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Conclusion: If the civil works of the municipality are ordered by the Shari'a governor: consequently, the Shari'a ruler decides this or for the benefit of the Muslims, and if someone who is authorized by the governor rules, this is permissible and effective.
Cite this article as: Mirshafeie MS, Emam SM, Bahrami Khoshkar M. Obligatory rulings on the seizure of private property in municipal development projects from the perspective of Islamic jurisprudence. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/09/30 | Accepted: 2021/12/29
Received: 2021/09/30 | Accepted: 2021/12/29
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