Investigating the legitimacy and examples of easement in Islamic jurisprudence

Document Type : Specialized scientific

Author

Head of Jurisprudence Research Group / Al-Mustafa Research Center

10.22034/pf2.2024.100586.1016

Abstract

Man is a social being who has had a social life since the distant past and has formed human societies. On the other hand, social life has certain requirements that without compliance, the social system will be disrupted and the possibility of its continuation will be lost. One of the legal jurisprudential issues that has been present in the social life of humans is the "right of easement" which in urban and rural communities is a problem for the owners of adjacent properties, including agricultural lands, commercial and industrial places, and residential houses. In spite of having an important place in social life, the right of easement has no background in ancient jurisprudential discussions and is not seen in jurisprudential chapters, and only in recent periods, it has been noticed and addressed by jurists

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