Seyed Majid Hashemi Toghroljerdi,
Volume 5, Issue 2 (9-2017)
Abstract
Islamic ethics as the controlling system of behaviors has defined the rights of an individual and society and Fiqh (jurisprudence) explains behavioral patterns in accordance with Shari›a (law). Given that each space is shaped according to behavioral pattern of its residents, the mechanism of interpretation and implementation of Islamic Shari›a is reflected in architecture and urban planning process of traditional cities and their environment is actually considered as an interaction between these sciences and planning and implementation process. Islamic ethics as one of the infrastructures of the Iranian Islamic civilization has played a strategic role. Purifying the conscience, providing mental and physical health, and removing human faults are the functions of ethics; however, social life is managed by law. Justice, according to many philosophers, and is regarded as the main basis of law. That is, the legislator must follow the rules of justice. Numerous violations in Iranian urbanism and agriculture along with changing the gardens and farms into residential, commercial, etc. usage result from the wrong infrastructure which has been developed by the decisions of High Council of Urbanism and Architecture and Artcile5 Commission. To improve general culture and to respect the laws and regulations associated with urbanism and architecture, first of all this framework and its forming factors which have legalized the purchase and sale of violations must be amended.
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Volume 8, Issue 2 (9-2020)
Abstract
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.
