Fiqh and Usul

Fiqh and Usul

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
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Fiqh and Usul

Articles in Press, Accepted Manuscript
Available Online from 11 April 2026

  • Receive Date 22 September 2025
  • Revise Date 01 February 2026
  • Accept Date 11 April 2026