THE RESPONSIBILITY OF USURPER OF THE BENEFITS OF PROPERTY IN ISLAMIC LAW AND IRANIAN CIVIL LAW

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

ABHARI HAMID; IZADIFARD ALI AKBAR

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2011 | Volume:43 | Issue:2 Page(s): 11-26

Download Full-Text

Persian Verion

View:

5,950

Download:

Cites:

Information Journal Paper

Title

THE RESPONSIBILITY OF USURPER OF THE BENEFITS OF PROPERTY IN ISLAMIC LAW AND IRANIAN CIVIL LAW

Author(s)

ABHARI HAMID | IZADIFARD ALI AKBAR | Issue Writer Certificate

Keywords

USURPATIONQ2

PROPERTYQ2

BENEFITQ2

RESPONSIBILITYQ2

Abstract

USURPATION means possession to another right by force (Art.308.civil code).There is not doubt that usurper is liable for the USURPATION of corpus of PROPERTY, but there are different opinions about USURPATION of the BENEFITs of PROPERTY in Islamic law and Iranian civil law. Some of jurisprudents and lawyers believe that usurper is not liable for BENEFITs, whether they are joined or separate BENEFITs. However, some of jurisprudents and lawyers believe that usurper is liable for joined or separate BENEFITs. There are different opinions about the base of RESPONSIBILITY of usurper for the BENEFITs of PROPERTY; some of jurisprudents and lawyers believe that the base is the rule of "Al Kharaj Be Alzaman", but some have the idea that the "Yad" rule is the base of RESPONSIBILITY. In this article, the RESPONSIBILITY of usurper for the BENEFITs of PROPERTY and its base in Islamic law and Iranian civil law has discussed. We can see that usurper is liable for joined or separate BENEFITs and the base of his RESPONSIBILITY is the "Yad" and “Itlaf” rule.

Cites

No record.

References

عناصر غصب

Cite

APA: Copy

ABHARI, HAMID, & IZADIFARD, ALI AKBAR. (2011). THE RESPONSIBILITY OF USURPER OF THE BENEFITS OF PROPERTY IN ISLAMIC LAW AND IRANIAN CIVIL LAW. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 43(2), 11-26. SID. https://sid.ir/paper/198422/en

Vancouver: Copy

ABHARI HAMID, IZADIFARD ALI AKBAR. THE RESPONSIBILITY OF USURPER OF THE BENEFITS OF PROPERTY IN ISLAMIC LAW AND IRANIAN CIVIL LAW. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2011;43(2):11-26. Available from: https://sid.ir/paper/198422/en

IEEE: Copy

HAMID ABHARI, and ALI AKBAR IZADIFARD, “THE RESPONSIBILITY OF USURPER OF THE BENEFITS OF PROPERTY IN ISLAMIC LAW AND IRANIAN CIVIL LAW,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 43, no. 2, pp. 11–26, 2011, [Online]. Available: https://sid.ir/paper/198422/en

Related Journal Papers