The philosophy of property right from an Islamic perspective: The basic solution to overcome the challenge of government involvement or non-interference in the field of social welfare
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Faculty member of the Department of Cooperatives and Social Welfare, Faculty of Social Sciences, Allameh Tabatabaei University, Tehran
10.22081/phlq.2024.68664.1056
Abstract
One of the fundamental rights of human beings is the right to property,which is one of the fundamental and important issues of social welfare, because the prohibition or permission of governments to enter the field of social and economic policies depends on the theoretical foundations of property rights. Usually, the thinkers who have presented a theory about the property right have either considered the origin of this right to be natural and inherent, or they have considered it to be merely derived from contracts within the society. The prominence of private property or public property among the opinions of thinkers comes from these two types of philosophical basis. In this research, using the descriptive-analytical method, we have studied the opinions of both groups, along with the third theory, which is derived from Islamic verses and Hadiths. In the Islamic theory of trust right, property belongs only to God and man and society are substitutes of God in this right.Therefore, depending on the issue of property, sometimes this succession is the responsibility of a human being and private property is valid, and sometimes this succession is the responsibility of the community of people, which will be valid public property. In this theory, in addition to public property and private property. The result is that in the theory of trust property, unlike contractual and natural property, neither collective rights are violated nor individual rights are lost, and neither is sacrificed to the other and the foundations of justice-oriented social welfare are built.
dabiriyan, M., & vesali, S. (2024). The philosophy of property right from an Islamic perspective: The basic solution to overcome the challenge of government involvement or non-interference in the field of social welfare. Journal of Philosophy of Law, (), -. doi: 10.22081/phlq.2024.68664.1056
MLA
mohsen dabiriyan; said vesali. "The philosophy of property right from an Islamic perspective: The basic solution to overcome the challenge of government involvement or non-interference in the field of social welfare", Journal of Philosophy of Law, , , 2024, -. doi: 10.22081/phlq.2024.68664.1056
HARVARD
dabiriyan, M., vesali, S. (2024). 'The philosophy of property right from an Islamic perspective: The basic solution to overcome the challenge of government involvement or non-interference in the field of social welfare', Journal of Philosophy of Law, (), pp. -. doi: 10.22081/phlq.2024.68664.1056
VANCOUVER
dabiriyan, M., vesali, S. The philosophy of property right from an Islamic perspective: The basic solution to overcome the challenge of government involvement or non-interference in the field of social welfare. Journal of Philosophy of Law, 2024; (): -. doi: 10.22081/phlq.2024.68664.1056
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