Feasibility of jurisprudential monopoly of municipal ownership of municipal solid waste

Document Type : Research (Fast Track Review)

Authors

1 howzeh Qom

2 D

3 Qom Seminary

4 Imam Kazem

10.22034/jrj.2025.69769.2866

Abstract

Nowadays, with the development of urban society, the phenomenon of recycling has become an income generating pole. This problem has created challenges in different fields. One of these challenges is determining the ownership of waste. Due to the new urban management policies, the municipality introduces itself as the only entity that has the right to use waste benefits, but on the other hand, private companies, insisting on the equality of the people in the right to possess the property, oppose this policy to the upstream documents. And they know the general rules of jurisprudence and law. The basic question is whether it is possible to establish Sharia proofs to prove the monopoly of ownership or usufruct of the municipality on waste? In this article, Shariah evidences from three paths: "Possessiveness and Improper Possession", "Possession, Right of Priority and Ownership of Garbage Bin" and "Contracts", and have been analyzed by analytical-descriptive method. The obtained result is the possibility of favorable proof through the application of the discussion of symptoms, possession and possession, of course, according to some jurisprudential bases. It is also possible to prevent private companies from taking possession by promising the right of priority or ownership over the garbage can. Also, the contracts between the municipality and the citizens can be beneficial for the municipality.

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Journal of Islamic Law and Jurisprudence
Volume 10, Issue 3 - Serial Number 36
Articles
September 2025
Pages 1-1

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