A Comparative Analysis of Ayatollah Boroujerdi's Theory of Ownership and Its Application to Property Rights in the Iranian Civil Code

Abstract

This article presents a comparative analysis of Ayatollah Seyyed Hossein Tabatabaei Boroujerdi’s theory of ownership, one of the most prominent Shia scholars of the recent century, with property rights in the Iranian Civil Code. It begins by analyzing the concepts and principles of ownership in Islamic jurisprudence and Ayatollah Boroujerdi's viewpoints. Subsequently, the foundations of property rights in the Iranian Civil Code are examined, along with different types of ownership, including individual and joint ownership. The study then compares the principles of ownership in Ayatollah Boroujerdi's theory with those in the Iranian Civil Code, discussing their similarities and differences. The findings indicate that Ayatollah Boroujerdi's theory, with its emphasis on social justice and the responsibilities of the owner, could serve as a valuable foundation for revising and improving property laws in Iran. Finally, the article offers recommendations for enhancing property laws based on this theory and suggests avenues for further research.