Islamic Propagation Office of Qom Seminary, Khorasan Razavi Branch Journal of Islamic Law and Jurisprudence 2476-7565 10 3 2024 11 21 Capacity Analysis of Jurisprudence in Excluding the Transfer of Irremovable Property in an Official Document Capacity Analysis of Jurisprudence in Excluding the Transfer of Irremovable Property in an Official Document 129 159 77023 10.22034/jrj.2024.66123.2624 FA Akbar Najm Fourth-Level Student at Qom Seminary ; Qom-Iran. Seyfoolah Sarrami Islamic-Sciences-and-Culture-Academy Qom: Qom-Iran. Journal Article 2023 05 03 The widespread acceptance of usual documents—which are in accordance with <em>sharīʻah</em> law—has led to numerous issues, including the sale of property and land to multiple buyers, tax evasion, psychological and social insecurity, an increase in lawsuits related to usual documents, lack of clarity regarding ownership, insufficient government oversight, the accumulation of bank arrears, and land grabbing.<br /> <br />Recognizing these harms, the legislator in the Islamic Republic of Iran has mandated that transactions involving irremovable property must be conducted using official documents. However, an exception has been added: “except for documents that are recognized by the court as having legal (<em>sharʻī</em>) validity.” This exception reintroduces the same problems that the registration law was originally designed to prevent.<br /> <br />The key question of this study is whether jurisprudence has the capacity to impose an absolute restriction on irremovable property transactions, limiting them solely to official documents in the present era. Using a descriptive-analytical method and relying on library research, this study concludes that under current societal conditions, the legitimacy of usual documents is no longer tenable. Given the recognized validity of official documents, the only appropriate method for transferring irremovable property is through transactions conducted with official documents. The widespread acceptance of usual documents—which are in accordance with <em>sharīʻah</em> law—has led to numerous issues, including the sale of property and land to multiple buyers, tax evasion, psychological and social insecurity, an increase in lawsuits related to usual documents, lack of clarity regarding ownership, insufficient government oversight, the accumulation of bank arrears, and land grabbing.<br /> <br />Recognizing these harms, the legislator in the Islamic Republic of Iran has mandated that transactions involving irremovable property must be conducted using official documents. However, an exception has been added: “except for documents that are recognized by the court as having legal (<em>sharʻī</em>) validity.” This exception reintroduces the same problems that the registration law was originally designed to prevent.<br /> <br />The key question of this study is whether jurisprudence has the capacity to impose an absolute restriction on irremovable property transactions, limiting them solely to official documents in the present era. Using a descriptive-analytical method and relying on library research, this study concludes that under current societal conditions, the legitimacy of usual documents is no longer tenable. Given the recognized validity of official documents, the only appropriate method for transferring irremovable property is through transactions conducted with official documents. http://jostar-fiqh.maalem.ir/article_77023_f0da712bfce8e231f79e9f1220e0fd9a.pdf