Jurisprudential analysis of urban land ownership and its assignment criteria

Document Type : Original Article

Authors

1 Islamic education and economics of Imam Sadiq University, Tehran, Iran

2 PhD in jurisprudence and fundamentals of Islamic law, Imam Sadiq University (peace be upon him), Tehran, Iran

Abstract

One of the economic and social problems of the country is housing supply. One of the main pillars of housing supply is land supply. On the other hand, it seems that there are necessary lands for the construction of housing in the country. What is important is the management of the government in this regard. The main problem of this research is to explain the role of the government in providing urban land for housing. Since this issue is a normative issue, the authors believe that it is jurisprudence that has the authority to deal with this issue. Therefore, in this research, it has been tried to collect the necessary information about the subject with the library method and analyze this information with the method of ijtihad and jurisprudence. According to the analysis of this information, it is obtained that the ownership of the available land that can be used for housing construction belongs to the government, which the government can provide to the people who can build housing on this land and in return receive tribute from them. Also, although the government can, in cases where the public interest requires, transfer the land it owns to the ownership of others, but under the pretext of providing the necessary infrastructure for providing housing, acquiring land to the rich, which causes the accumulation of their wealth, and the possibility of land hoarding and It increases housing, it is not allowed, so the government is obliged to do this in other ways.

Keywords

Volume 12, Issue 2 - Serial Number 24
September 2024
Pages 409-438
  • Receive Date: 11 September 2023
  • Revise Date: 09 April 2024
  • Accept Date: 15 April 2024