چکیده:
A different definition of ownership affects the structure of the ownership system and the rights that each person has, and affects the owner's relationship with the owned object and the owner's relationship with others. Also, any economic theory based on the related property system is formed and flourishes. Therefore, for the formation of the Islamic economic system, it is necessary to establish the Islamic property system first. In this article, we proceeded based on the library method and in an analytical-descriptive way. First, property rights as one of the basic institutions from the point of view of institutional economists and different approaches to it are examined. "Bundle of rights" is one of these; This approach breaks the right of ownership into smaller rights and therefore can create high flexibility in the ownership system in such a way that it transforms the property from a physical object to an economic asset. It can also lead to a reduction in transaction costs, which will increase economic efficiency based on Coase's theorem. In the following, due to the fact that revelation and the divine word have dealt with the main issues of human life, by referring to Al-Mizan's interpretation, property rights were examined from the perspective of related verses in the Qur'an. In the following, taking into account that revelation and the divine word have dealt with the main issues of human life, we examined property rights from the perspective of related verses in the Qur'an by referring to Al-Mizan's exegesis. The view of the Qur'an and Islamic teachings in this field is close to the approach of "Bundle of rights" and in fact ownership does not mean unquestionable control over the object and people’s ownership is contractual not real, and divine commands determine and limit the rights of each person. Accordingly, various rights of the owner have been mentioned in the related verses, and according to the conditions, restrictions and prohibitions have been imposed for some of these rights.
خلاصه ماشینی:
Ownership in the Quran with a "bundles of rights" approach Ownership and based on Al-Mizan Interpretation Date of receipt: 1402/01/18 Date of acceptance: 1402/03/30 ____________________________________________________________ Ali Naderi Shahi * ** Elias Naderan *** 1 Hamid Abrishami Abstract Different definitions of ownership influence the structure of the ownership system and the rights that each individual possesses, affecting the relationship between the owner and the owned object, as well as the relationship between the owner and others.
Subsequently, given that revelation and divine word have addressed the primary subjects of human life, property rights are examined from the perspective of relevant verses in the Quran by referring to the Al-Mizan interpretation.
Adopting this approach provides high flexibility to the ownership system and makes it possible to define new rights in accordance with contemporary needs and values, or to change the limits of current property rights; for example, various types of social contracts, relationships between individuals, customs, and even technological progress can influence it; furthermore, the possibility of valuing and exchanging each of these rights separately is provided; in other words, the bundles of rights approach makes the components of property rights more transparent and, in this way, reduces transaction costs; because it becomes more precisely determined which rights are transferred and which rights are preserved in a transaction.
In other words, the bundle of rights approach transforms ownership from an individual relationship between the owner and an object into a social relationship between the owner and other persons and the sovereignty.