Document Type : scientific
Authors
1
Corresponding Author, PhD Student in Private Law, Faculty of Humanities, Islamic Azad University, Mazandaran, Sari, Iran
2
Professor, Law Department, Faculty of Law, Shahid Beheshti University, Tehran, Iran
3
Assistant Professor, Law Department, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
Abstract
According to Article 45 of the Constitution of the Islamic Republic of Iran, Anfāl (public wealth) and public resources—including forests, pastures outside urban areas, barren lands, mines, and so forth—are placed under the authority of the Islamic government. Nationalization regulations, as a type of expropriation law, affect private ownership, but due to the failure to consider the specific jurisprudential and legal conditions of endowed lands—especially in nationalization regulations—after the Islamic Revolution, laws and regulations have been enacted for the reclamation and protection of the country’s endowed lands. These have been subject to several amendments and reforms following the law of nationalization of forests and pastures dated 27/10/1341 HS. Note 6 added to the single article law on the nullification of documents for the sale of endowed properties, water, and lands, dated 19/12/1380 HS, represents the latest legislative intent regarding the resolution of disputes over endowed lands affected by the nationalization of forests and pastures. Considering the background of disputes and the legal opinions of the Guardian Council in this regard, as well as the amended executive bylaw of 15/12/1395 HS and its executive instruction, this note can be recognized as the rule for resolving conflicts between endowed lands and nationalization regulations in forests and pastures, and can serve as an operational criterion. Therefore, by reviewing the opinions of the Guardian Council jurists in this area, which have formed the basis for numerous judicial decisions—especially by the General Board of the Administrative Justice Court—a comprehensive analysis can be presented regarding the acceptable timeframe for the reclamation of endowed lands within natural resource areas. One of the distinguishing features of endowed lands is their particular legal nature regarding the permissibility of sale and removal from endowment status, which must also be considered within the rules and regulations governing expropriation. Accordingly, in the case of endowments, after the act of endowment (Waqf), sale or expropriation is not permissible without a legitimate religious (Sharīʿa) authorization, except under the specific conditions permitted by the rules of waqf.
Keywords
Main Subjects
)