A comparative study of recording immovable transactions in Islamic law and Iranian rights
Keywords:immovable property, transaction registration, Islamic legal system, comparative study,, Iranian legal system.
In the Iranian registration law, the legislator does not recognize the transfer of ownership in immovable transactions without official registration, in fact, in the Iranian legal registration system, the legislator has sought the normal document in the transfer of immovable property to be irrelevant and unreliable. Transactions in immovable property are ceremonial. However, after the registration law was amended, laws were amended in Iran that deviated from the original purpose of the registration law, which is the formal nature of immovable contracts. With the allocation of most registration laws as well as with the enactment of new laws, he returned to his Islamic system and considered immovable transactions as satisfaction.Key words: transaction registration, immovable property, Islamic legal system, German legal system, comparative study, Quran and hadiths. In Islamic law, according to the verses of the Qur’an and the narrations of the imams, the obligation to record transactions from the point of view of Islamic law and not to record them does not invalidate the legal act, but rather its basis is guidance to approach justice.. Therefore, it cannot be said that recording transactions in Islam is obligatory, but recording transactions in it is a method. Guidelines to prevent potential damage in the future. This article seeks, with a descriptive-analytical approach and using the laws of Iran, the verses of the Noble Qur’an, the hadiths of the imams and the Sunnah of the Prophet, to a comparative study of recording immovable transactions in Islamic law and the Iranian legal system
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Copyright (c) 2022 Amir Noor Mohammadi, Seyyed Mehdi Mirdachi Kari, Muhammad Sadeghi
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