A theoretical criminological analysis of land grabbing with an approach to Iranian criminal law and Imami jurisprudence

Document Type : Original Article

Authors

1 PhD student in Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.

2 PhD in Jurisprudence and Law, Lecturer, Law Department, South Tehran Branch, Islamic Azad University, Tehran, Iran.

Abstract

In Iran's criminal law, land grabbing has not been fully criminalized and its criminal description is not based on a single law and a unified approach, but based on several interpretations and meanings and legal titles, and a comparative look at the criminalization of land grabbing in criminal law. Iran and Imamiyyah jurisprudence can help to analyze this issue accurately and scientifically, therefore, this study aims to examine the criminology of land grabbing in Iran's criminal law with a view on Imamiyyah jurisprudence. This research was carried out by the descriptive-analytical method and the method of collecting library and documentary information, and the researcher, in addition to illustrating what is there, explained and explained the existing reasons and through searching in the literature and theoretical topics and the background of the research and categorization and information categorization and according to the collected information, data analysis and conclusions have been made. In the final result of the research, it can be said that there is no crime under the title of land grabbing in our regulations. Now, it is often mentioned as seizing, and the illegal seizing of private and state lands is considered as "aggressive seizing" as a crime, and any aggression and aggressive seizing or causing disturbance or obstruction is punished with a sentence of one month to one year in prison. And according to Imami jurisprudence, the permission of the Imam is a condition for the acquisition and non-realization of the title of "land grabbing", and the conditional permission of the Islamic ruler is a preventive factor in the spread of the phenomenon of land grabbing, and any occupation of government lands must be within a specific framework and with permission and supervision. The ruler of the society should take place

Keywords

Theorizing criticism debate
Volume 3, Issue 4
February 2025
Pages 163-180

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