The limitation and expropriation of private property in order to preserve the public interest in Imamiyya and Sunni and its reflection in the positive laws of Iran

The proprietorship discussion is one of the fundamental issues of  juridical and legal.The notion of  proprietorship in Islam is different from the other schools.It gives importance to both individual  and collective  proprietorship  which is necessary for consistency of governments.In this regard , Islam  gives a special  honor to the individual  proprietorship , The rule Tslyt and the rule of respect are also among cases of dignifying individuals proprietorship. Accordingly,causing damage to private property by anyone isnot acceptable rationally and religiously , but some restriction have been sometimes created for preservation of public interests. Property sovereignty ,obligation to pay the right of the poor , religious tax ,preventing assault to the others^, property and moral ethical advices such as prohibition of extravagance and prodigality which are cases of those restrictions. On the other hand,Islamic government can create restriction for private ownership and even prevents it in some cases.Restriction can be defined in two forms ; Voluntary and involuntary. Lease,mortgage ,right of Artfagh ,right of exploitation , and revocable sale are cases of voluntary restriction ,but excess of right ,social interests and social justice are cases of compulsory restriction. Proprietorship  restriction in both Shiite and Sunnite are the same except for few cases. Expropriate is an action that the government  implements it for the public interests.In this regard,Principle of no harm ,the rule governing province  abstained , the most important rule is important ,the rule of expediency are the cases of expropriation in Shiite and Sunnite jurisprudence.Confiscation , nationalization of land and compulsory properitorship of  land are also the cases of expropriation  in Shiite. Nationalization , confiscation of property , road construction and development of mosques which are forced to pay debts , prevention of hoarding ,obtain pre-emption are the cases of expropriation in Sunnite. From Shiite and Sunnite point of views, Islamic ruling  has enough power in restriction and  expropriation. The Guardianship of the Islamic Jurist in Shiite and Sunnite has extensive  power and authorities in Islamic government. In response to exigencies and Muslims interests, Gurdian has power to do any action.