Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Jurisprudential foundations of confiscation of property by the executive headquarters of Imam Khomeini's order

Document Type : .

Authors
1 PhD Student, Department of Jurisprudence and Law, Faculty of Humanities, Islamic Azad University, Chalous, Iran
2 Assistant Professor, Department of Jurisprudence and Law, Faculty of Humanities, Islamic Azad University, Chalous, Iran
3 Assistant Professor, Department of Jurisprudence and Law, Faculty of Humanities, Islamic Azad University, Chalous, Iran.
10.22034/ejs.2023.364272.1308
Abstract
Background and Aim: Ownership is one of the most important legal topics that is supported by the basic and ordinary laws of countries, the purpose of this research The basis of jurisprudence is the ownership of property by the executive order of Imam Khomeini.
Materials and Methods: The current article is descriptive and analytical and library method was used to collect data.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: In customary legal systems, confiscation is often a type of punishment, whether it is the main punishment or a supplementary punishment. But the confiscations that took place by order of Imam Khomeini are legal in nature. According to him, the truth of the confiscations is the return of public property to the treasury, or compensation and the like.
Conclusion: Imam Khomeini (RA) considered confiscation of property on the basis of jurisprudence and legal principles to be correct. He always considered confiscation to be permissible due to the usurpation of public property and looting of the treasury and debt to the nation, but he repeatedly confiscated legitimate property because of this. which is incompatible with Islamic standards, he did not consider it legitimate and finally, through a decree, he asked the authorities to seriously prevent the confiscation of legitimate property. According to him, the truth of the confiscations, the return of public property to the treasury, or compensation and the like is legitimate.
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