Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Analyzing the Case of Aggressive Possession from the Perspective of Islamic Jurisprudence and Law

Document Type : research

Authors
Mohsen Yousefvand 1
Ahmad Moradkhani 2
Alireza Asgari 3
1 Ph.D. student of Islamic Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran.
2 Assistant Professor, Department of Islamic Jurisprudence and Law, Qom Branch, Islamic Azad University, Qom, Iran.
3 Assistant Professor, Fiqh and Islamic Law Department, Qom Branch, Islamic Azad University, Qom, Iran.
10.22034/ejs.2024.435771.1664
Abstract
Background and Aims: since possession lawsuits in Iranian law have a civil aspect by nature and are considered among legal lawsuits, and the main purpose of these lawsuits is to assert personal rights and protect the possessor.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings of the research indicate that there are conditions that need to be proven to commit the crime of aggressive possession. In general, every crime consists of three elements (legal, material, and psychological), therefore, a possession is an aggression in the eyes of the legislator if it has the aforementioned three elements.
Conclusion: In order for a crime to occur, committing a material act for which the punishment has been determined is not enough according to the legislator, but the origin of this material act must be the intention and will of the perpetrator, and the result of the perpetrator's intentions must be the actualization and emergence of the act of committing the crime. This connection between the action and the perpetrator constitutes the spiritual pillar of the crime.
Keywords
jurisprudence
Islamic legal system
individual property
aggressive usurpation
usurpation
rule of law
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, special issue
Studies of economic jurisprudence
Summer 2024
Pages 533-548