A Critical Review of the Theories on the Definition of Real Estate in Islamic Law
Journal Title: فقه و اصول - Year 2011, Vol 43, Issue 86
Abstract
Jurists have presented various theories on the definition of real estate. The numerousness of these theories has led to the ambiguity of the legal concept of real estate; for, all these theories cannot be conformed to the Islamic law due to their contradiction with one another and preferring one over the others requires proving; whereas, the jurists have not presented sufficient legal proofs to prove and conform their theory to the Islamic Law. Unfortunately, no independent investigation including the proposing, examining, and evaluating all these theories has been carried out on this issue, which has created a scholarly gap in research in this respect. Therefore, it is necessary for the researchers to study and elucidate this issue so as to remove the above-mentioned ambiguity and to achieve a theory consistent with Islamic law in definition of real estate. The necessity of doing research on this issue would become more evident when we know that the definition of real estate according to any theory would be followed by specific legal effects. Thus, the present research seeks to set forth the legal definition of real estate according to the existing theories of the jurists and, through critically reviewing them, to obtain and elucidate the research theory according to the Islamic law in legal definition of real estate. This is regarded as the most important finding of the research.
Authors and Affiliations
Saeideh BāQirī, ḤAydar BāQirī AṣL
Keywords
Related Articles
- EP ID EP183229
- DOI 10.22067/fiqh.v0i2.11104
- Views 140
- Downloads 0
A Deliberation on the Tradition Renowned in Shī‘ī Jurisprudence Evidences (The Tradition of Imam ‘Alī’s (A.S.) Lost Coat of Mail)
One of the traditions relied on by Shī‘a jurists in jurisprudence and especially in the discourse on judgment and testimonies is the tradition or the story of Imam ‘Alī’s (A.S.) lost coat of mail. The coat of mail being...
The possibility of invoking jurisprudential provisions for the decriminalization of passive euthanasia
Suffering from those diseases which medical sciences have still failed to cure are some of the bitter events of human society. The ineffective treatments administered for these groups of diseases have been imposing heavy...
The Common Foundations of Principles of Jurisprudence and Classical Hermeneutics in Text Comprehension
One of the important issues in the humanities in general and in religious studies in particular is the comprehension of the meaning of the text. Dealing with the theoretical bases of interpretation and comprehension of t...
Elucidation and Study of the Expanse of Appearance and Indication of the Āya on the Permissibility of Polygamy
Since long ago, there have been discourses among the exegetes concerning the indication of the āya on polygamy ﴾If you fear that you may not deal justly with the orphans, then marry [other] women that you like, two, thre...
A comparative study of legislation in the views of ‘Sheikh Fazlollah Nouri’ and ‘Mirza Mohammad Hussein Naini’
Legislation was one of the concepts and issues of intense debate among different political and religious currents in the Persian Constitutional Era In accordance with the definitions each of these streams of thought prov...