Probing examples of usurpation and its rulings from the viewpoint of Imamiyyah and Hanafiyyah jurisprudence and comparing it with subject rights of Iran

The purpose of this research is to identify the material and spiritual examples of usurpation and its ruling from the viewpoint of Imamiyyah and Hanafiyyah jurisprudence and Iranian law, and also probing new examples of usurpation.The author reached these findings and conclusions by using library and software resources and translating Arabic texts from jurisprudential Primary sources: Usurpation in Imamiyyah jurisprudence is proof of the power and aggressional capture of other’s right. Its material examples include the cases which the usurpation is the same such as the proof of the power on other’s possession as unlawful and the denial of trust, and etc and its spiritual examples include any case which the usurpation is of rights or benefits. According to Imamiyyah jurisprudence, its ruling is sanctity, guarantee, and denial immediate obligation, even if it is difficult and involves harm to the usurper. In Hanafiyye jurisprudence, however, usurpation is defined as: destroying the power of owner of his property in an aggressive manner. Its material examples include cases that usurpation is the same and are from the quotations, but its spiritual examples, which are the usurpation of rights and interests, cannot be realized according to Hanafiyye jurisprudence. Hanafi jurists have also put forward reasons for the non-realization of usurpation on benefits and as a result of not guaranteeing it. From the point of view of Hanafi jurisprudence, the ruling of usurpation is sacred, guaranteed and denial obligation. Of course, on the condition that the usurper existed and had not change, and its rejection does not entail loss and hardship for the usurper, otherwise, the usurper becomes the usurper’s property anymore and the usurper, the guarantor becomes its likeness or price. Therefore, there are differences between Imamiyye and Hanafiyye jurisprudence in the discussion of examples and rulings of usurpation. Usurpation in Iran’s subject laws is also defined based on Imamiyye jurisprudence, and its material and spiritual examples are in harmony with Imamiyye jurisprudence. But today, along with the development of facilities and the expansion of virtual space, new examples of usurpation have also been created; such as usurpation of spiritual property, identity, digital currencies and etc which often occurs in virtual space.