Systematizing the Theory of Maintenance of Properties in Imami Jurisprudence: An Inquiry into its Foundations, Scope, and Enforcement Mechanisms

Articles in Press

Document Type : Original Article

Authors

Seyedali Mirlohi ¹

Seyedmostafa Mohaghegh damad ²

Morteza Chitsazian ³

¹ Doctoral student of jurisprudence and private law, Shahid Motahari University (RA), Tehran, Iran

² Professor, Shahid Beheshti University, Tehran, Iran

³ Associate Professor, Department of Jurisprudence and Law, Shahid Motahari University and Higher School, Tehran, Iran

10.22067/jfiqh.2026.95587.2056

Abstract

Aiming to revive the theory of maintenance of properties in Imami jurisprudence, this study examines a less-explored dimension of Islamic thought: the owner's obligation to preserve their property. This duty, framed within the concept of "fiduciary ownership," has been discussed across various jurisprudential chapters but lacks a cohesive theoretical formulation. Using a descriptive-analytical approach and drawing from primary sources, this article reconstructs a systematic framework of the foundations, pillars, and enforcement mechanisms of this obligation. The findings reveal that the theory rests on two main pillars: first, the absolute and consensus-based duty to maintain animate properties (e.g., animals), rooted in the "sanctity of the soul" principle; second, the conditional duty to preserve inanimate properties (e.g., lands), which is based on rules like no-harm and the "prohibition of wasting wealth," and is a subject of debate. In both cases, the role of the "Islamic ruler" is essential for enforcement. The research concludes that Imami jurisprudence holds significant potential for developing a theory of "responsible ownership" to address modern legal challenges in fields such as environmental law, urban management, and cultural heritage.

Keywords

Maintenance of Properties

Imami Jurisprudence

Responsible Ownership

Prohibition of Wasting Wealth

No-Harm Rule

Environmental Law

Subjects

• Jurisprudence and private law

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