Alienation of a Property in Shiite Jurisprudence and Positive Law of the Islamic Republic of Iran

Abstract

The concept of alienation is a condition for consideration that has many interpretations and in jurisprudence, especially Shiite jurisprudence. Civil law has no reference to alienation of property a condition for consideration or or dealers. By commenting on legal provisions, some few jurists have noted “non-belonging to a third party” as a general condition for the accuracy of transactions. The impact of alienation in the correctness of contracts and other financial possessions belongs to certain object or an indirect possession as well as the absence of clear legal carrier to verify this requirement has signified the importance of explaining the provisions, the position, and the procedure of the subject’s involvement in the correctness of financial seizure. From the perspective of jurisprudence, lack of reasons preventing possession by others for the correctness of a transaction results in the fact that the necessary alienation in each instances of this discussion requires a particular reason; in the absence of such reason, the owner’s seizure becomes effective. This article tries to explain ownership, the process of transfer, and its extinction at first; then, it reviews alienation (literally and legally), its history, the conditions for alienation in Shiite jurisprudence in Iranian positive laws.