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Information Journal Paper

Title

The Role of Customary Law in the Traditional Management of Distribution and Stability of Aqueduct Water

Pages

  205-250

Abstract

 In order to preserve and save water consumption in the Aqueduct Irrigation system, there are countless unwritten and Customary Laws that require themselves to be extremely precise from Muqni to Mirab and Irrigator and the farmer. These laws were in place from the day the first construction of an Aqueduct started, with the conditions until the sun went down and the Aqueduct reached the manifestation, and even after that until it reached the drinking place. Only the observance of these criteria was subject to the conditions of time and place, for example, the determination of privacy, which was a criterion for preserving the rights of Aqueduct owners. Even the passage of other Aqueducts must be at a certain distance, and if they had to cross one Aqueduct under another Aqueduct, they had to follow certain conditions. In any case, the extracted water should not be wasted or penetrate other Aqueducts. One of the drawbacks of the Aqueduct is its uncontrollable and wasted water in winter, which farmers need less water, but contrary to the criticism of farmers, farmers have solutions for this. In the use of water, even those who owned a sufficient share of water did not have the right to use it outside a certain rule and in any way they wished. In traditional Irrigation, water, especially in the smallholder system, is extremely valuable. Account circle is not out. Many, and perhaps all, of these customary rights were recognized in civil law and referred to custom in cases of dispute. However, the enforcement of these laws was more the custom and supervision of the people than the civil law, which punished the violators morally.

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    • Cite

    APA: Copy

    Janebollahi, Mohammad Saeid. (2020). The Role of Customary Law in the Traditional Management of Distribution and Stability of Aqueduct Water. JOURNAL OF INDIGENOUS KNOWLEDGE, 6(12 ), 205-250. SID. https://sid.ir/paper/955891/en

    Vancouver: Copy

    Janebollahi Mohammad Saeid. The Role of Customary Law in the Traditional Management of Distribution and Stability of Aqueduct Water. JOURNAL OF INDIGENOUS KNOWLEDGE[Internet]. 2020;6(12 ):205-250. Available from: https://sid.ir/paper/955891/en

    IEEE: Copy

    Mohammad Saeid Janebollahi, “The Role of Customary Law in the Traditional Management of Distribution and Stability of Aqueduct Water,” JOURNAL OF INDIGENOUS KNOWLEDGE, vol. 6, no. 12 , pp. 205–250, 2020, [Online]. Available: https://sid.ir/paper/955891/en

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