Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

The Shift in the Approach of Positive Laws Regarding the Ownership of Water by Individuals, with a View to the Justifications Based on Shia Jurisprudential Principles

Articles in Press

Document Type : Research Article

Authors
mohamadbager parsapour 1
azam lotfi neyestanak 2
Mehdi Hadi 3
1 Associate Professor, Department of Private Law, Faculty of Law and Political Science, Tarbiat Modares University, Tehran
2 Ph.D. Candidate in Private Law, Tarbiat Modares University
3 PhD student in Private Law at the University of Tehran
Abstract
Water holds vital importance across the globe. This significance becomes even more pronounced in water-stressed countries such as Iran, particularly in recent years.Early Imami jurists generally considered water and water resources to be subject to private ownership, and the Iranian Civil Code, following this traditional jurisprudential view, also recognized the possibility of individual ownership over such resources However, with the growing societal need for water resources, contemporary jurists and statutory laws—notably the Law on Fair Distribution of Water—adopted a different approach. According to this modern perspective, individuals do not hold proprietary or financial rights over water and water resources; rather, they are merely granted a type of permission to use or benefit (usufruct) from these resources.This study, employing a descriptive-analytical methodology and based on library and documentary research, seeks to examine and analyze the foundations of this shift in legal and jurisprudential approach. The ultimate goal is to facilitate a clearer understanding of this evolution in order to help pave the way for future legislation and the development of a coherent legal framework for water governance.
Keywords
Water
Fair Water Distribution Act
Nationalization of Water Act
Dispute Resolution
Subjects
Scientific Journal of Law and Modern Studies

Articles in Press, Accepted Manuscript
Available Online from 29 August 2025

  • Receive Date 01 August 2025
  • Accept Date 05 August 2025