Recognition of the Concept of

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Farahani Mohammadsadegh; PARVIN KHEYROLLAH

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Journal: JOURNAL OF PUBLIC LAW KNOWLEDGE Year:2020 | Volume:9 | Issue:28 Page(s): 19-44

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Information Journal Paper

Title

Recognition of the Concept of "public wealth" in Article 45 of the Constitution of the Islamic Republic of Iran

Author(s)

Farahani Mohammadsadegh | PARVIN KHEYROLLAH | Issue Writer Certificate

Keywords

Article 45 of the Constitution

User-Centric Properties

Anfal

Public Wealth

Islamic state

Ownership

Mobahat

Abstract

The Article 45 of the Constitution, in the position of reviving the macro and systematic attitude towards the Public Wealth of the society and by emphasizing on the jurisprudential teachings of the Imami religion, has provided the Public Wealth and its examples to the Islamic state. The present study, using library studies and adopting an analytical-descriptive approach, in the position of recognizing the concept of these properties, has reached the conclusion that, contrary to the popular belief, "Public Wealth" is not merely "Anfal". The properties mentioned in this Article fall into three general categories: "Anfal", "Mobahat" and "User-centric public properties". "Anfal" are the properties belonging to the legal entity of the state and the nature of the state's relationship with them is the relationship of Ownership of a legal entity with its properties within its jurisdiction. "Mobahat" are the properties belonging to no particular person and anyone (whether government or other natural or legal persons) can own and exploit them, although the state has the power to impose restrictions on their exploitation. "User-centric public properties" are also those not owned by the legal entity of the Islamic state like Anfal, nor it is possible for individuals to own them, as Mobahat. The administration of these properties, which are permanently allocated for a general or non-restricted purpose, is in the possession of the Islamic state, and their Ownership belongs to the legal personality of these properties.

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APA: Copy

Farahani, Mohammadsadegh, & PARVIN, KHEYROLLAH. (2020). Recognition of the Concept of "public wealth" in Article 45 of the Constitution of the Islamic Republic of Iran. JOURNAL OF PUBLIC LAW KNOWLEDGE, 9(28 ), 19-44. SID. https://sid.ir/paper/385342/en

Vancouver: Copy

Farahani Mohammadsadegh, PARVIN KHEYROLLAH. Recognition of the Concept of "public wealth" in Article 45 of the Constitution of the Islamic Republic of Iran. JOURNAL OF PUBLIC LAW KNOWLEDGE[Internet]. 2020;9(28 ):19-44. Available from: https://sid.ir/paper/385342/en

IEEE: Copy

Mohammadsadegh Farahani, and KHEYROLLAH PARVIN, “Recognition of the Concept of "public wealth" in Article 45 of the Constitution of the Islamic Republic of Iran,” JOURNAL OF PUBLIC LAW KNOWLEDGE, vol. 9, no. 28 , pp. 19–44, 2020, [Online]. Available: https://sid.ir/paper/385342/en

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