Jurisprudential Study of Wasteland Detection Operations

Document Type : Original Article

Authors

1 PhD student, Islamic Jurisprudence and Law, Mazandaran University, Babolsar, Iran.

2 Professor, Islamic Jurisprudence and Law, Mazandaran University, Babolsar, Iran: Correspondence author

3 Assistant Professor, Islamic Jurisprudence and Law, Mazandaran University, Babolsar, Iran.

Abstract

The importance of jurisprudential review of the legitimacy of wasteland detection operations, according to Article 1 of the Executive By-Law of Wastelands Identification Reference Law, and revoking its documents is due to the nature of Anfal (public property) and the need for government supervision over these lands during the period of absence. By comparing the reason for the legitimacy of land assessment operations based on Article 1 of the Executive By-Law of Wastelands Identification Reference Law with the reason for the legitimacy of land assessment operations based on the provisions of Article 1 of the Executive By-Laws of the Nationalization of Forests, it is concluded that the view of the jurists in the position of recognizing lands is in accordance with the provisions of Article 1 of the Executive By-Law of the Wastelands Identification Reference Law, which has not been successful in the field of wastelands due to errors in the text of the law and the legislator's limited and purposeful will. According to the jurists’ diagnostic view on the cultivation of wasteland, these lands, in terms of concept and application, include all lands that have not been cultivated. With the passage of the new law and the repeal of previous laws, land recognition operations are expected to be based on the identification of wastelands, regardless of customary titles and applications, as well as legal title-based definitions.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 15, Issue 32
December 2023
Pages 51-72

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