چکیده:
Reviewing and criticizing the laws prohibiting the restoration of dead lands and comparing them with jurisprudential textsAbstractAccording to jurisprudential sources, the ownership of mortal lands during the absence of the Imam belongs to the ruling position of the Islamic society, which according to the public interest should be made available to the public, and the continued ownership of these lands is until revival. However, the laws related to mortal lands, both before and after the revolution, are flawed and in some cases contradictory, which has led to the abuse of some institutions, and institutions, for example, in relation to a land using two laws, two different rulings in their favor. They export. The present study seeks to identify the conflicts of these laws by examining the most important laws in this field, and by examining the jurisprudential sources, considers the theory of Maliki individuals to be suitable for the proper use of mortal lands.Keywords: mortal lands, ownership of mortal lands, land reclamation, special laws related to the revitalization of mortal lands
خلاصه ماشینی:
Investigation and Critique of Laws Preventing the Revival of Mawat Lands and Comparing Them with Jurisprudential Texts Date of Receipt: 2023/01/10 Date of Acceptance: 2023/05/20 ___________________________________________________________ Yaser Masoud Moghadam * 1 ** Abdollah Bahmanpouri Ahmad Esfandiari *** Abstract According to jurisprudential sources, the ownership of Mawat lands during the Occultation of the Imam belongs to the office of the ruler of the Islamic society, which, according to public interest, should be placed at the disposal of the general public, and the continuity of individuals' ownership of these lands lasts as long as they are revived (Madama al-Ihya).
However, no matter how clearly the assignment of Mawat lands has been specified from a jurisprudential perspective, from a legal standpoint, the enactment of various and sometimes conflicting laws has encountered problems with the assignment of these lands, and each institution claims responsibility for the assignment of these lands by citing a specific law, such as the Law on the Exploitation of Forests and Pastures passed in 1373, as well as Note 54 of the Budget Law for the consecutive years 1373-1375, the Law on the Reference for Identifying Mawat Lands and the Annulment of its Documents passed in 1365, Article 84 of the Law on the Method of Collecting Certain State Incomes passed in 1373, the Urban Land Law passed in 1366, and the directive for amending the regulations for the assignment of national and state resource lands for agricultural and non-agricultural projects; these include laws that have led to unlawful assignments; for example, in the famous case involving the "Land Bank" in the city of Behshahr, the then Minister of Agriculture, pursuant to the peace agreement number 118563-1372/2/8 prepared in the Tehran Official Documents Registry Office No. 252, assigned 11 plots of land, totaling 417 hectares of national lands, to a company for a pittance.
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