نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکترای فقه و مبانی حقوق اسلامی، دانشگاه آزاد اسلامی، مشهد، ایران.
2 دانشیار، فقه و مبانی حقوق اسلامی، دانشگاه آزاد اسلامی، مشهد، ایران.
3 استادیار، فقه و مبانی حقوق اسلامی، دانشگاه آزاد اسلامی، مشهد، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
This research has been carried out in a descriptive and analytical way by examining library studies, and conclusions drawn by examining jurisprudential sources and existing documents. Using the relevant narratives, this article has discussed the rulings and divisions, and the application and non-application of Imam's permission in the ownership of these lands from two legal and jurisprudential points of view, and it has shown through the ijtihad method that one who revives the land does not become the original owner of the land. The ruling of ownership, for the revivalists of the dead land, is fixed and definite based on Islamic traditions, and the jurists also agree on the principle of this issue. This ruling is a preliminary ruling and should definitely be issued under normal conditions, but today, with the advancement of technology, those in power Wealth can easily develop all the barren lands and become their owners, and this is against Article 45 of the country's constitution. Based on the requirements of the time, this ruling is interpreted as a secondary ruling, so it only has the right to exploit it. In the end, this study showed that the permission to take possession of favorable lands legally depends on its restoration. Article 143 of the Civil Code regarding the revival of favorable grounds, the registry office only considers possessions that are legitimate and legal. Still, there is no need to prove it in the courts and judicial authorities of the possessor and possession does not have legitimacy.
کلیدواژه‌ها [English]
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