Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Consequences of the Principle of Consensualism in Property Transactions from the Perspective of Islamic Jurisprudence and Citizenship Rights

Document Type : research

Author
Department of Law, Yas.C., Islamic Azad University, Yasuj, Iran
10.22034/ejs.2026.597223.2211
Abstract
Background and Objective: The Law on the Mandatory Registration of Immovable Property Transactions, enacted on 26/02/1403 by the Expediency Discernment Council, has marginalized the use of informal documents by disregarding the principle of consensualism in the formation of transactions. By critically examining this approach, the present study seeks to analyze the consequences of applying the principle of consensualism to property transactions from the perspectives of Islamic jurisprudence and citizenship rights.

Materials and Methods: This study was conducted using a descriptive-analytical method and library-based research.

Ethical Considerations: In preparing this article, proper citation of sources and adherence to academic integrity were observed.

Findings: The principle of consensualism in transactions, which entails avoiding exclusive reliance on formalities and the form of transactions—including the mandatory use of official documents—plays an important role in respecting public trust, taking customary practices into account in economic transactions, preventing the administrative complexities associated with formal registration, and utilizing the capacity of informal documents alongside official documents in transactions.

Conclusion: Official documents and compliance with formal requirements play an important role in ensuring security and protecting the economic and social rights of citizens. Nevertheless, the principle of consensualism can also play a significant role in property transactions, provided that security and public order are precisely defined and that informal documents and the principle of consensualism are not excluded from this framework. From this perspective, revising and moderating the 1403 Law on the Mandatory Registration of Immovable Property Transactions,
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Articles in Press, Accepted Manuscript
Available Online from 11 September 2026