A different definition of ownership affects the structure of the ownership system and the rights that each person has, and affects the owner's relationship with the owned object and the owner's relationship with others. Also, any economic theory based on the related property system is formed and flourishes. Therefore, for the formation of the Islamic economic system, it is necessary to establish the Islamic property system first.
In this article, we proceeded based on the library method and in an analytical-descriptive way. First, property rights as one of the basic institutions from the point of view of institutional economists and different approaches to it are examined. "Bundle of rights" is one of these; This approach breaks the right of ownership into smaller rights and therefore can create high flexibility in the ownership system in such a way that it transforms the property from a physical object to an economic asset. It can also lead to a reduction in transaction costs, which will increase economic efficiency based on Coase's theorem. In the following, due to the fact that revelation and the divine word have dealt with the main issues of human life, by referring to Al-Mizan's interpretation, property rights were examined from the perspective of related verses in the Qur'an. In the following, taking into account that revelation and the divine word have dealt with the main issues of human life, we examined property rights from the perspective of related verses in the Qur'an by referring to Al-Mizan's exegesis.
The view of the Qur'an and Islamic teachings in this field is close to the approach of "Bundle of rights" and in fact ownership does not mean unquestionable control over the object and people’s ownership is contractual not real, and divine commands determine and limit the rights of each person. Accordingly, various rights of the owner have been mentioned in the related verses, and according to the conditions, restrictions and prohibitions have been imposed for some of these rights.
Akkermans, B; The principle of numerus clausus in European property law; 2008.
_____; "The numerus clausus of property rights"; In Comparative Property Law, Edward Elgar Publishing, 2017.
Anderson, Glen. "Towards an essentialist legal definition of property." DEPAuL L. Rev.68 (2018): 481, https://b2n.ir/k26925.
Blackstone, W; Commentaries on the Laws of England: 1765-1769; Dawsons, 1966.
Coase, R. H; "The federal communications commission"; The Journal of Law and Economics, 2, 1959, , pp.1-40,
_____; "The problem of social cost"; The journal of Law and Economics; 56 (4), 2013, pp.837-877.
Cooter, R., Ulen, T. & T. S. Ulen; Law and economics; 1988.
Demsetz, H; Toward a theory of property rights; Palgrave Macmillan UK, 2000.
Gray, K; "Property in thin air"; The Cambridge Law Journal, 50 (2), 1991, pp.252-307.
Honoré, A. M. & A. G. Guest; Oxford essays in jurisprudence; AG Guest (Ed.); 1961.
Johnson, Denise R. "Reflections on the Bundle of Rights." L. Rev.32 (247), 2007.
Merrill, Thomas W., and Henry E. Smith. "What happened to property in law and economics" Yale Lj111 (2001): 357.
_____; "Making Coasean Property More Coasean"; The journal of Law and Economics, 54 (S4), 2011, pp.S77-S104.
Mishkin, F. S; The Economics of Money, Banking and Financial Markets (The Pearson Series in Economics); 2012.
Pejovich, Svetozar; "Comment on paper by Alchian and Demsetz"; The Journal of Economic History, 33, no.1, 1973, pp.41-42.
Rudden, B; "Economic theory v. property law: The numerus clausus problem"; Oxford Essays on Jurisprudence, 3, 1987, pp.254-256.
Schlager, E. & E. Ostrom; Property-rights regimes and natural resources: a conceptual analysis; Land economics, 1992.
Stone, K. V & R. John; "Commons and the Origins of Legal Realism: Or The Other Tragedy of the Commons"; TRANSFORMATIONS IN AMERICAN LEGAL HISTORY, D. Hamilton & A. Brophy (eds); 2, 2008, pp.8-19.
Tucak, Ivana. "Rethinking the hohfeld's analysis of legal rights." Pravni vjesnik25 (2009): 31.
Waters, A. R; "Economic growth and the property rights regime"; CatoJournal , 7 (1), 1987, pp.99-115.
NaderiShahi,A. , naderan,E. and abrishami,H. (2023). Property's Bundle of Rights in Quran Verses Based on Al-Mizan Exegesis. Islamic Economics, 23(89), 69-97.
MLA
NaderiShahi,A. , , naderan,E. , and abrishami,H. . "Property's Bundle of Rights in Quran Verses Based on Al-Mizan Exegesis", Islamic Economics, 23, 89, 2023, 69-97.
HARVARD
NaderiShahi A., naderan E., abrishami H. (2023). 'Property's Bundle of Rights in Quran Verses Based on Al-Mizan Exegesis', Islamic Economics, 23(89), pp. 69-97.
CHICAGO
A. NaderiShahi, E. naderan and H. abrishami, "Property's Bundle of Rights in Quran Verses Based on Al-Mizan Exegesis," Islamic Economics, 23 89 (2023): 69-97,
VANCOUVER
NaderiShahi A., naderan E., abrishami H. Property's Bundle of Rights in Quran Verses Based on Al-Mizan Exegesis. Islamic Economics, 2023; 23(89): 69-97.