Volume 8, Issue 2 (Summer 2020 2020)                   JRIA 2020, 8(2): 162-180 | Back to browse issues page

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Framework theory for people's space rights, from the perspective of Islamic jurisprudence and law. JRIA 2020; 8 (2) :162-180
URL: http://jria.iust.ac.ir/article-1-1303-en.html
Abstract:   (2959 Views)
Fair use of urban space is one of the new and emerging issues in the field of architectural law and urban planning, and one of the structures to address it is to assess the rights of architectural works. An architectural work, in addition to the specific audience or the people living in it, also has a general audience (the people of the city) who are influenced by the social aspects of that work. The existence of an element of influence in this regard (between architectural works and people) suggests that the creation of architectural works is a kind of influential social behavior; Behaviors that are inherently necessary to create all kinds of intersections and legal conflicts for individuals in society. The focus of the present study is to explain the theoretical framework for people's rights to artificial urban spaces (architectural works). An examination of the relevant literature suggests that the explanation of this framework goes beyond describing the three main pillars, including why and what, how to deduce, and so on. After addressing them, the following results were obtained: The space rights of the people, are the privileges and the red lines that obligatory have the support and guarantee that the people have. They have them compared to artificial urban spaces. The inference of these rights was based on three pillars of religious sources, legal documents and the nature of urban space, and five fundamental rights including "right to spatial spirituality", "right to spatial identity", "right to spatial quality", "right to spatial health" and " "Space Justice" was extracted. Of course, this separation does not mean the separation or supremacy of one right over another; rather, it looks at how these rights are enforced and how they are realized. In the current legal documents, some of these rights have been neglected. It is hoped that these lines will pave the way for theoretical discussions and, consequently, the reform of the legislative system in the field of architecture and urban planning.
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Type of Study: Research | Subject: Subject- oriented researches in Islamic architecture and urbanism, eg. Spatial-geometrical ideas, symbols and ornaments
Received: 2020/07/13 | Accepted: 2020/07/13 | Published: 2020/07/13

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