Jurisprudential-economic analysis of permissible possessions of other people's property

Articles in Press

Document Type : Promotional scientific article

Authors

1 Member of the academic staff of the Judiciary Research Institute

2 Research Institute of Hawzah and University

3 Member of the academic staff of the research institute of the field and university

10.30471/jee.2025.10458.2455

Abstract

The Islamic legal system has allowed certain seizure of the private property of the owners for natural persons and non-government. Since such occupations face challenges such as conflicts with the rights of owners over their property, the permission of occupation has been a point of dispute among jurists in some cases.

The religion of Islam has accepted the ownership of individuals in very specific frameworks. The important question is, what is the reason for the permissibility of some possessions in other people's property despite the conflict with the absolute domination of the owners? Do these cases have an exclusive departure from the proofs related to the respect of the owner's property and his absolute dominion, or are they specifically excluded from the scope of those proofs?

In this article, by examining the arguments presented by jurists, the most important reason for this permission is to refer to the way of the jurists, but also the way of the wise, and in the analysis of the origin of this way and the root of the conclusion of this concentration among religious people and people of common sense and common sense, it is considered a specialized departure And the subject of these possessions has become the prohibition order and the application of proofs such as "the sanctity of the possession of property to the void" in such a way that the proofs of the sanctity of possession in property other than such possessions are rejected. In fact, in these cases, the ownership of the owner has an inherent fault with regard to these usufructs, and for this reason, not falsifying the owner's right to refuse these possessions is not an apparent Sharia ruling, but a real and legal Sharia ruling.

Keywords

Journal of Economic Essays: an Islamic Approach

Articles in Press, Accepted Manuscript
Available Online from 03 December 2025

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