چکیده:
The ownership is known as most complete right in rem. Imamiyah jurists have presented different approaches and views regarding the truth of ownership according to which most of them are a hypothetical phenomenon. In our opinion, this is due to the mistake of the subject (property) with its rules (rights and duties related to property). In this article, by means of a descriptive-analytical method, we have proved that ownership should not be considered as a hypothetical phenomenon, but as an abstract fact and is theoretically falls within the “category of relative”. A category that has an important place in both classic and modern philosophies. Although this view can be inferred from some phrases OF Mohaghegh Ansari, he has briefly mentioned it and has not revealed its analytical reality. Having economic value and capability to become owned are two issues about transferable rights that have long been questioned by Islamic jurists. However, since the material existence of an object is not necessary to abstract philosophical category of relation, according to our theory in this research and through placing the ownership in category of relation, it is easy to defend the capability of transferable rights such as corporate stocks and, in general, the capability of intangible objects as the subject of ownership.
خلاصه ماشینی:
However, since the material existence of a thing is not necessary for the philosophical abstraction of the relation of addition, based on the chosen theory in this research and placing ownership within the category of relation, one can easily defend the capacity of financial rights, such as company shares, and generally, the capacity of intangible things, as subjects of ownership.
In jurisprudential sources, in explaining the concept and nature of 'milkiyyah' (ownership) and 'milk' (property), both of which are, etymologically, the artificial derivatives of 'milk', a portion of the discussions of Imami jurists has been dedicated to comparing "milk in its legal concept" with "milk" or "jidah" in its philosophical concept, and diverse and different views have been presented in this regard, the presentation and examination of which can help clarify the issue from a jurisprudential perspective, which is the basis of the idea of ownership in the positive law of Iran.
In general, the views of Imami jurists regarding the nature of milk can be categorized into two groups: The first group considers milk and the relationship between the owner and the owned thing to be among real and essential matters and among accidental categories 1.
• It is worth mentioning that Sayyid, in another place, has considered "haqq" (right) to be the same as "milk" (ownership) and has stated in the definition of haqq: "It does not matter whether we consider haqq to mean addition and the relationship between two parties or receive it as a type of 'sovereignty'" (Tabataba'i Yazdi, 1421: 57).
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