Definition The Jurisprudential Rule of Tsalit in Islamic Architecture and Urban Planning from the Perspective of Governmental Jurisprudence

From the perspective of governmental jurisprudence, jurisprudential and legal rules and regulations are determined in accordance with the rulings of God and the guardian of society. Ownership in the Quran, Islamic jurisprudence and law is considered to be legitimate and does not harm others. The rule of ownership is one of the most important jurisprudential rules of the Islamic religion and sovereignty over property is one of the basic human rights. In numerous verses of the Holy Quran, the right of a person to own his lawful property and the negation of forbidden property and the property of orphans has been emphasized. The Constitution and Civil Code of the Islamic Republic of Iran also stipulate ownership of property on the condition of not harming others and public interests. From the perspective of governmental jurisprudence, in cases of public interest and cases of general interest, favorable and national lands, ownership for the legitimate government, and personal and unrestricted ownership are considered. In the Iranian architecture and urban planning system, ownership of real estate in cases such as urban constructions conflicts with the rights of neighbors, the citizenship rights of passers-by, environmental rights, and public rights. Also, in some development projects, the compulsory acquisition of real estate and land ignores considerations of property rights and servitude.