Jurisprudence

Jurisprudence

Jurispruential-Legal Criticism of the Legitimacy of Article 63 of the Protection and Exploitation of Forests and Rangelands Act

Document Type : Original Article

Authors
1 Assistant Professor, Institute for Research and Development of Humanities (SAM), Tehran, Iran
2 PhD in Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Mazandaran, Babolsar, Iran
Abstract
According to Article 63 of the Protection and Exploitation of Forests and Rangelands Act (approved in 1967), the provisions of Note 3 of Article 2 of the Forest Nationalization Law also include forest lands and natural groves, and the area of buildings and facilities in nationalized resources that were constructed before the approval of the nationalization of forests will be considered up to 20 times the area of the infrastructure. According to a new and unprecedented procedure, the twenty-fold calculation of the subject of the above-mentioned article has been accepted by the Special Branch for Handling Natural Resources Claims of Mazandaran Province, and numerous opinions have been issued in this regard. On the other hand, it is certain that the lands subject to the twenty-fold calculation are natural lands without restoration and belong to the Imam (AS) or are under the rule of the Islamic government.

The article, through the critical analysis method, with a jurisprudential critique of the provisions of Article 63 of the Conservation Act, investigates the hypothesis that the transfer of 20 times the Hyrcanian forests and pastures is against the clear Sharia, and its implementation is interference and appropriation of other people's property. From a legal perspective, the implementation of Article 63 of the Conservation Act with respect to the Hyrcanian forests and pastures is in conflict with the nation's right to public property, which the state is solely responsible for managing on behalf of the nation. Consequently, considering the recognition of appropriation of other people's property and the clear conflict of this legal article with the nation's right to public property, it is expected that the legislator will take action to explicitly repeal this article as soon as possible...
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Volume 1, Issue 1 - Serial Number 1
March 2025
Pages 107-124

  • Receive Date 18 February 2025
  • Revise Date 02 May 2025
  • Accept Date 01 May 2025