The survey of the usurpation statutory decrees in the fivefold religion jurisprudence and the Iranian civil law Dr. Hosseini Seyed Hassan*, Hosseinzadeh Hedayat** *Faculty Member Department of Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran **PhD candidates, Department of Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran Online published on 19 November, 2016. Abstract In the present study, various definitions provided for the term “usurpation” and the most comprehensive and all-inclusive interpretation that can be encompassing the entire consequences and effects and the mandates have been determined which seemingly include “forcibly taking control of another one's right”. Also, among the topics investigated by the present study are “the unlawful nature of the usurpation and the necessity to return what has been taken by force back to the usurped person or his or her protector of the rights and also the proofs regarding the forbiddance and illegality of usurpation and the decrees and ordinances concerning the obligation to return the exact usurped property and the states and manners in which the property which has been usurped should be returned back to the usurped individual and the situations in which the usurper shall be found acquitted of the usurpation guilt and the exceptions thereof in respect to the immediacy of returning back the exact property being usurped and the excuses and the substitutes contemplated in return for the exact property being usurped have all been provided for with explanations and expositions from the perspectives of the fivefold religion and the Iranian civil law in the presentation of all of which there has been accentuated emphasis on the Holy Quran Ayas and narratives. It is worth mentioning that usurpation has been recognized as forbidden and considered as illegal by the jurists and they all in a general consensus have come to this realization that the exact thing being usurped should be returned back to the usurped individual. Top Keywords Usurpation, obligatory mandates, fivefold religion, civil law. Top |