The Place of Official Documents in Financial Security of Citizens in Imami Jurisprudence and Law

Document Type : Original Article

Authors

1 Student of Ph.D. in Public Law, Sari Branch, Islamic Azad University, Sari, Iran.

2 Assistant Professor Department of Public Law, Chalous Branch, Islamic Azad University, Chalus, Iran.

3 Assistant Professor Department of Public Law,Sari -Branch, Islamic Azad University, Sari, Iran. Assistant Professor Department of Law, Shomal University , Amol, Iran

Abstract

Citizens' financial security is the principle that generates the systematization and stability of the legal order and guarantees civil and social rights. It is of high significance as the inspirational principle of the entire legal system. From this perspective, the present article, after expanding the conceptual space of the subject, examined the issues of financial security. According to the thematic documents presented in this research, a descriptive-analytical method has been used to analyze the data collected from the library sources. The research questions asked how official documents provided financial security and how this issue has been raised in jurisprudence and law. In regard to the questions raised, the research hypotheses were formulated as follows: it seems that the official documents can eliminate the sense of legal and financial insecurity in society and promote a sense of financial and legal security both in Imami jurisprudence and in subject law. The findings showed that, although the official document is emphasized in the subject and jurisprudential laws of Iran, in practice, the ownership of many real estates is based on ordinary documents and lacks the registration records. Hence, if the document is revoked, it causes insecurity of the citizens' financial rights. Therefore, it is proposed that with a new look based on Islamic jurisprudence, which emphasizes writing and documenting, the official document can be used to guarantee the financial rights of the citizens.

Keywords

Main Subjects

References

Holy Quran
Aulsebrook, R. and Hothi, I., and Park, H., (2022). Lending and Taking Security in the UK (England and Wales): Overview. Thomson Reuters. Available at: https://uk.practicallaw.thomsonreuters.com/45013222?transitionType=Default&contextData=(sc.Default)&firstPage=true
Shemshuchenko Yurii, et al (2019), OFFICIAL DOCUMENT AS A LEGAL ACT: ESSENTIAL ASPECTS, Journal of Legal, Ethical and Regulatory Issues, Volume 22, Issue 6, 2019, file:///C:/Users/asus/Downloads/Official-document-as-a-legal-act-essential-aspects-1544-0044-22-6-443%20(2).pdf, pp: 2-7.
Moghadasi, Mehdi (2002) The Role of Ordinary Documents in Proving a Lawsuit, Private Law Thesis, M.Sc., Shiraz University. (In Persian).
Mohammad Javad Arasta, (2009), Jurisprudence-Legal Research Series, No. 8, Deputy of Education & Research of the Judiciary, Jangal Publications. (In Persian).
Rahman Amravani , (2011), Conflict of Evidence of Proof of Lawsuit (in Legal Affairs), Fekrsazan, Tehran. (In Persian).
Naser Katozian, , (2006), Proof & Reason for Proof, Volume 2, Second Edition, Mizan, Tehran. (In Persian).
Iraj Golduzian , (2010), Evidence of litigation, Mizan, Tehran. (In Persian).
Fazel Meghdad, (2015), The Treasure of Mysticism in the Fiqh of the Qur'an, translated by Abbas Zaraat Pisheh, Tehran, Mortazavi Publishing. (In Persian).
Qutb al-Din Ravandi, , Saeed bin Abdullah. (1985) Fiqh al-Quran. (Two volumes). Second edition. Qom: Ayatollah Marashi Najafi Library Publications, Volume 2.
Muhammad ibn Ahmad Qurtubi,. (1985), (Twenty-one volume) Tehran: Naser Khosrow Publications .., Vol. 33. (In Persian).
Mahmoud Zamakhshari,. (Four volumes). First Edition. Beirut: Dar Al-Kitab Al-Arabi. 1987, volume 1. 
Hossein Karimi, Judicial standards from Imam Khomeini's point of view. (One volume). First Edition. Qom: Shakoori Publications. 1986. (In Persian).
Seyed Ruhollah Khomeini, , (2009) Kitab al-Bayy, vol. 1, Institute for Organizing and Publishing the Works of Imam Khomeini (PBUH). (In Persian).
Younes Emraei,. (2012) Restrictions on the effect and validity of official documents. (One volume). second edition. Tehran: Javadaneh Publications. (In Persian).
Gholamreza Shahri, (2002) Rights of Registration of Deeds & Property. (One volume). The tenth edition. Tehran: Allameh Tabatabai University Jihad Publications. (In Persian).
Glida Kay San Dokht, (2012), The role of the Registrar in the development of the legal order of the country, Abstract of the conference proceedings of the 100th  anniversary of the establishment of the State Property and Deeds Registration Organization
Naser Katozian,. (2003) Proof & evidence of proof. (Two volumes). second edition. Tehran: Mizan Publishing. (In Persian).
Bahman Razani, , (2000) "Registration Law, Entry, First Edition, Tehran, Asatir Publications. (In Persian).
Reza Eshaghian, (2019) The Role of Official Documents in Citizenship Law, International Conference on Social Studies, Law & Public Culture. (In Persian).
Ghader Faramarzpour, , (2009) The Role of Official Documents in Judicial Health, Kanoon Magazine, Volume 2, Number 100. (In Persian).
Ibtisam Moazza, (2020) The Objective of Security in Islamic Sharia & the Impact of Terrorism on it, Al-Ayyar Magazine, Vol. 24, No. 51.
Boy, Nina (2017) “Finance-security: Where to go”,Journal of Finance and Society ,2017, 3(2): 208-15, DOI:10.2218/finsoc.v3i2.2580.
Ringeval, E., and Radu, C., (2018). Lending and taking security in France: overview. Available at: https://uk.practicallaw.thomsonreuters.com/75014362?transitionType=Default&contextData=(sc.Default)
Shkolnyk, I., Kozmenko, S., Polach, J., & Wolanin, E. (2020). State financial security: Comprehensive analysis of its impact factors. Journal of International Studies, 13(2), 291-309. doi:10.14254/2071-8330.2020/13-2/20
Journal of Comparative Law
Volume 6, Issue 1 - Serial Number 9
April 2022
Pages 187-205

Files

History

  • Receive Date: 24 January 2021
  • Revise Date: 25 April 2021
  • Accept Date: 06 September 2021

Share

How to cite

Statistics