Authors
1
PhD Candidate in Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
2
PhD in Jurisprudence & Law, Faculty Member, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
3
PhD in Jurisprudence & Law, Faculty Member, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
In Iranian criminal law, theories related to land grabbing have not been systematically enumerated nor fully criminalized, and its criminal characterization is not based on a single law or unified jurisprudence but rather on multiple legal interpretations, definitions, and statutory provisions. A comparative criminological examination of land grabbing within Iranian criminal law and Imami jurisprudence can facilitate a rigorous scientific analysis of this issue. Consequently, this study aims to investigate the criminology of land grabbing in Iranian criminal law with reference to Imami jurisprudence. The research employs a descriptive-analytical method, utilizing library and documentary data collection, with required information being coded, categorized, and analyzed. The final findings indicate that existing regulations do not recognize a specific crime titled "land grabbing." Instead, it is generally addressed as unlawful occupation, where illegal seizure of private or state-owned lands is criminalized as "Usurpation," punishable by one month to one year of imprisonment. According to Imami jurisprudence, the Imam's permission for land acquisition and the non-applicability of the "land grabbing" designation are essential, with the requirement of authorization from the Islamic ruler serving as a preventive measure against the proliferation of this phenomenon. Any occupation of state lands must occur within a defined framework and under the supervision and permission of the societal authority.
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