Islamic lifestyle with a focus on health

Islamic lifestyle with a focus on health

Investigating The Impact of The Possible Loss of Property Management in Islamic Societies and its Impact on The Social Health of The Society

Authors
Ali Akbar Shabanian 1
Alireza Rajabzadeh 2
Tayeb Afsharnia 3
1 PhD student, Department of Law, Islamic Azad University, Emirates Branch, Dubai, United Arab Emirates
2 Assistant Professor, Department of Law, Raja University, Islamic Azad University, Tehran, Iran
3 Assistant Professor of Law Department, West Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract
Nosy administration of another's property is an operation that
a person does with good intentions and moral motivation of
benevolence to manage another's property. The rulings of nosy
transactions are always invalid in Iran. In Iranian law, the legal
basis for a nosy manager's interference and possession of other
people's property without the permission of the owner or legal
representative, according to the rules of subjugation and the
ethics of respect for the property of individuals, can be the
jurisprudential rules of "necessities of prohibiting
prohibitions" and the moral virtue of "Ihsan" and the nosy
manager Invoking the ethical rule of benevolence can refer to
the owner. Examining and studying the mentioned operation
will help to make this type of transactions more compatible
with the general order and the globalization of contract law. In
this article, we will use analytical-descriptive method to find
out whether the intention to benevolent and help others should
be examined from the point of view of a nosy manager, or
whether it is necessary to use a conventional and reasonable
person as a criterion to distinguish this intention? The
difference between the two is that if it is a personal criterion,
then attention should be paid to the status of the prying
manager to determine if this intention existed or not. In this
case, it is possible that a simple-minded person (who actually
intended to do the moral duty of helping and benevolent, but
this intention of benevolence ended up harming the owner, and
if another person were in the place of the nosy manager, he
would not have done such a thing, as The nosy manager has
the right to refer to the owner for the expenses he incurred).
Keywords
Nosy Administration
Social Health
Nosy Manager
NonProperty
1. Jafari Langroudi, Mohammad Jafar
(1374); Legal Terminology, 7th edition,
Tehran, Ganj Danesh Publications, p. 126.1
2. Madani, Seyyed Jalaluddin (1383);
Civil Rights, second volume, Tehran,
Padayar Publications, p. 188
3. Katouzian, Nasser (1374); Obligations
outside the contract, second volume,
second edition, Tehran, Tehran University
Press, pp. 285.23
4. Hasan, Omid, Farhang Omid, p. 773,
Azartash Azarnoosh and Mahmoud Adel,
Farhang al-Madagat = (College of
Languages), page 673, Farhang Laros, p.
1580. Hadaeq al-Nasarah, vol. 2, p. 72.
Mohsen Jabri Arabloo, Dictionary of
Islamic Jurisprudence Terms, p. 137 and
Dr. Alireza Faiz, Principles of
Jurisprudence and Principles, p. 179.
5. Emami, Hassan (1390); Civil Rights,
first volume, third edition, Tehran, Asami
Bookstore Publications, p. 298
6. Katouzian, Nasser; Ibid., pp. 177 and
1856
7. Emami, Hassan; Ibid., p. 111
8. Shahidi, Mehdi (1389); Civil rights
(contracts and obligations), third volume,
eighth edition, Tehran, Majd Publications,
p. 978
9. Al-Sanhouri, Abdul Razzaq; The same,
p. 1839
10. Safai, Seyyed Hossein (2013); Civil
Rights, third volume, second edition,
Tehran, High Institute of Accounting, p.
10.180
11. the same; Page 18211
12. Bahrami, Bahram (1379); Noisy
transactions and transfer of other's
property, second edition, Tehran, Payam
Adalat Publications, pp. 26 and 2712.
13. Katouzian, Naser (1381); Civil law in
the current legal system, Tehran, Mizan
publication, 6th edition, pp. 23613
14. Seyyed Mahmoud Javad Al-Hosseini
Al-Amili, refer to Miftah al-Karama fi
Sharh al-Qasas al-Allamah, vol. 4, p. 185.
Also, refer to: Dr. Sobhi Mohmsani,
previous, p. 63. Shahid Thani, Sharh
Lamea, vol. 3, p. 229 and Also the second
book of this book.
15. Fakhr al-Muhaqqin Izabah, vol. 1, p.
42.
16. Jafari Langroudi, Mohammad Jafar;
The same, p. 570.
17. Katouzian, Nasser; Ibid., p. 102.
18. Jaafarzadeh, Ali; Ibid., p. 62.
19. Jafari Langroudi, Mohammad Jaafar;
The same, p. 97.
20. Katouzian, Nasser; The same, p. 68
21. The son-in-law researcher, Mustafa;
Ibid., p. 276.
22. Katouzian, Nasser; 1374, the same, p.
90.
23. Katouzian, Nasser; The same, p. 170.
24. Jaafari Langroudi, Mohammad Jaafar;
Ibid., p. 116.
25. Track droit civil obligation no 228624.
26. Katouzian, Nasser; The same, p. 187.
27. Katouzian, Nasser; Ibid., p. 191
28. Katouzian, Nasser; 1374, the same, p.
90