Modern Jurisprudence and Law

Modern Jurisprudence and Law

An Ijtihadi Explanation of Applying Retaliation in the Issue of Asset Confiscation

Document Type : Original Article

Authors
1 Graduated with a Ph.D. from Qom University of Islamic Studies
2 Graduate of the Thaqalain Specialized School of Jurisprudence Level 4, Qom Seminary
3 PhD student in Islamic Studies, Islamic Ethics major, Qom University of Islamic Studies Graduated from Level 3 of Qom Seminary
10.22034/jml.2025.2075982.1546
Abstract
According to the rule of reason and what is obtained from valid jurisprudential evidence, every person has dominion and ownership over his property and assets and can interfere with it and no one has the right to prevent him from disposing of his property. On the other hand, some people have acquired illegitimate property through usurpation, theft, embezzlement, establishing places of corruption, etc., and according to history, the Pahlavi dynasty is a clear example of people who have plundered and plundered the property of many people. In Islamic jurisprudence, there are solutions to achieve lost rights and lost property, one of which is "retaliation". This article, using a descriptive and analytical method and with an ijtihad approach to the evidence and words of jurists, has examined the jurisprudential basis for the confiscation of the property of the Pahlavi regime's associates, and seeks to resolve the apparent contradiction between the two rulings of "legitimacy of private ownership" and "permissibility of confiscation of property." Based on the results obtained from examining the verses, narrations, and the conduct of the wise, the jurisprudential basis of the decree of the great leader of the revolution, Imam Khomeini (may Allah have mercy on him), regarding the confiscation of the property of this family, was based on the principle of "retaliation" and the return of illegitimate property to its original owners or the Muslim treasury.
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Articles in Press, Accepted Manuscript
Available Online from 09 November 2025