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#Civil rights
#Anonymous property
According to Article 28 BC, which stipulates: the unknown property of the owner will be used for the needs of the poor with the permission of the ruler or his permission.
# Tip
The unknown property of the owner is the property that was previously owned by a person or persons, and the owner’s complaints about it are not certain, or the absence of complaints from them is realized, but in some ways, the owner is not known.
can’t
# Tip
According to the registration regulations, the unknown owner is a property that within the stipulated period (60 days from the date
The publication of an advertisement in Article 10 of the Registration Law, which is so-called preliminary advertisement) has not been registered by means of a statement requesting its registration, or the related statement has not been returned to the registration within the legal deadline, even if the owner is known.
# Tip
Laqta and stray animals are examples of properties of unknown owners that the legislator has made subject to special provisions (Articles 162 to 172) because there is still hope that the owner will be found.
# Tip
According to some jurists, the ruler in the above article means “prosecutor”.
Despite this, according to Circular No. 9000/15658/100 dated 3/27/1392 of the Head of the Judiciary: First of all, the following properties are at the disposal of the “legal guardian”: “properties of unknown owners” without owners, inheritance without heirs, smuggled goods without owners and fugitive owners, and deposited property. in free and special economic zones, abandoned property, property and property of absent persons with no effect, property that is in the possession of the “legal guardian” due to the assessment and discharge of responsibility and the implementation of Article 49 of the Constitution and other laws. The above-mentioned property, before His Holiness, is the “executive headquarters of the order of the Imam (RA)”; Therefore, in the current practice, the ruler in Article 28 is meant as the legal guardian, and the meaning of “authorized before him” is the “executive headquarters of the decree of the Imam (RA)”.
# Tip
The unknown owner should be considered as a public property whose consumption law has made it a seizure from the poor.
# Tip
In the term of Islamic jurisprudence, the poor refer to those who do not have the annual expenses of themselves and their families, and are also unable to provide for their annual expenses through business.
Edited by: Morteza Shabdiz
#Fifteenth session
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This post is written by erfani777