نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار، دانشکده علوم اجتماعی، دانشگاه علامه طباطبایی، تهران، ایران
2 دانشجوی دکتری، دانشکده علوم اجتماعی، دانشگاه علامه طباطبایی، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the most fundamental rights of human beings is the right to property, which is called as the essential and important topic of social welfare. Because the prohibition or permission of states to enter the field of social and economic policies pertains to the theoretical foundations of human property rights. Usually, the thinkers having presented an opinion about the right to property, either consider the origin and emergence of the right to be natural and inherent, or considered it as a mere result of contracts and credits within the society. The prominence of private property or public property among the rest ideas of social scientists comes from the heart of the two types of philosophical basis. The current research here, has examined the opinions of both groups by hiring the descriptive-analytical method, comparing the third theory, whose foundations are derived from Islamic verses and traditions. According to the Islamic theory, the right to trust property belongs only to God Almighty, and human and society are God's successors on it. Therefore, regarding the issue of ownership, sometimes the succession is viewed as the responsibility of human being and thus private ownership is valid, and occasionally the succession is on the burden of the community of people, hitherto whole public ownership will be valid. In the Islamic theory of trust right, besides public and private ownership, it deals with the position of state ownership in relation with the mere collective one. To wrap up, from the theory of trust ownership, unlike the two categories of the theory of contractual ownership and natural one, neither collective rights is violated, nor individual rights, and they are neither neglected never ignored one after the other. In this way, the philosophical foundations of justice-oriented social welfare are established in the society.
کلیدواژهها [English]
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