Semantic reexamination of "property" from the perspective of Imami jurisprudence

Articles in Press

Document Type : Original Article

Authors

• javad soltanifard ¹
• Ahmadali Yousefi ²
• ahmad mohammadi ¹

¹ ss

² Islamic Research Institute for Culture and Thought

10.22067/jfiqh.2024.81361.1550

Abstract

The validity of legal rulings on property requires the validity of the Sharia title "property" on them. Determining the property of things becomes necessary because in today's society, people are faced with cases in their financial and economic relations that applying the title of property to them is not as simple as it was in the past - as it was discussed in the nobles; From things like "copyright" and "goodwill right" to emerging phenomena like "cryptocurrency" or "encrypted currency" and most importantly, "metaverse virtual lands"; However, despite the necessity of examining the properties of property in Sharia and determining its criteria, most jurists have not paid much attention to the concept of property. This research, while categorizing and criticizing the existing jurisprudential views and providing a new definition of property, has reached the conclusion with an analytical method that the only way to determine the property of something is to pay attention to customary concentrations, finally, besides the title "customary property", The truth of the title "Islamic property" is also necessary, which is obtained from the fact that it is not prohibited. Therefore, it can be said that many of the characteristics mentioned in jurisprudential sources are not correct and are unnecessary problems and need to be corrected.

Keywords

• property
• legal property
• customary property

Main Subjects

• Civil jurisprudence

---