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        1 - Acquisition of urban lands in urban development projects with a social justice approach
        Azam Afsharnia Esfandiar zebardast Morteza Talachian
        Acquisition of urban lands with a social justice approach is one of the issues that has been neglected in many urban development projects. In this study, after examining land ownership rights, some important rules related to land ownership in different Western and Islam More
        Acquisition of urban lands with a social justice approach is one of the issues that has been neglected in many urban development projects. In this study, after examining land ownership rights, some important rules related to land ownership in different Western and Islamic perspectives are presented and suggestions are made to increase social justice in the realization of urban property rights. In the present study, due to the nature of the subject, the secondary analysis method and content analysis technique have been used. The findings of the study suggest that in the Western view, liberalism imposes restrictions on the government’s power to expropriate individuals, and argues that expropriation laws are only permissible if they serve the public interest. Results of the analysis of private property laws based on the indicators of justice and property rights in Iran by examining property laws in the relevant documents, in the form of 9 principles, including the participation of stakeholders in the implementation of urban projects in financing public spending, transfer of rights Development to the people, the legality of private expropriation if the public interest takes precedence over private-individual interests, and so on. Among the problems of land expropriation in urban development projects are the weakness of laws in proving the loss of existing owners or comparing the loss of owner and citizens and lack of explanation of the rights of the owner of each plot of land in relation to rules and regulations on how to use and use that property. Manuscript profile
      • Open Access Article

        2 - Explaining the function of Transfer of Development Right (TDR) method in order to realize Islamic social justice
        Reza Khaleghi Zohre Davoudpour reza nasr esfahani
        Urban development with a social justice approach is one of the issues that has been neglected in many urban development plans. The transfer of the development right is considered one of the new ways of monitoring land development. The transfer of the development right i More
        Urban development with a social justice approach is one of the issues that has been neglected in many urban development plans. The transfer of the development right is considered one of the new ways of monitoring land development. The transfer of the development right is important in terms of its position in reducing inequality and ensuring the individual rights of the owners. The development right transfer approach is actually a plan to reduce physical development in areas that the community or planners want to protect. This research aims to examine and implement the approach of the right to transfer development and explain some of the principles of important rules in the perspective of Islam, and its relevance and influence in urban development, and offers suggestions for the realization of social justice using this approach. The current research is an applied research that uses the descriptive-comparative research method to analyze and examine the data. To describe and analyze the data, the comparative literature review method has been used. Based on this, while gathering the topics of Islamic social justice and the method of transferring the right to development, the relationship between the aforementioned method and the realization of social justice is analyzed through the Delphi technique by receiving 5 rounds of opinions from 30 experts. As a result of this research, the principles of social justice include eight principles; Equality in public rights, the lack of objectivity of the position and position of people in the administration of justice, inequality in individual-social acquired rights, compliance with the requirements of time in receiving tariffs, equal access to public services, non-privatization of property and public interests, the benefit of all in public affairs, The lack of immunity of rulers and officials from justice was explained. And also compared to the basics of the right to transfer development method, it was found that the principles of equality in public law, the lack of objectivity of the position and position of individuals in the implementation of justice are completely consistent with the method of the right to transfer development. The principles of inequality in individual-social acquired rights, compliance with the requirements of time in receiving tariffs, equal access to public services, non-privatization of property and public interests, benefit of all in public affairs, lack of immunity of rulers and officials from justice are largely consistent. Or you can use the method of transfer of development right in order to achieve the intended goals of that principle. Manuscript profile