Journal of Researches in Islamic Architecture

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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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How to distribute the urban space fairly, in a way that, in addition to protecting the rights of private owners, also respects the rights of the people of the city, is one of the most fundamental issues in the field of architecture and urban planning. Addressing this issue is delayed by accurately understanding the nature of the city space, and calculating the rights involved; In the present article, an attempt was made to address it based on the teachings of legal jurisprudence. According to the results of this research, contrary to Article 38 of the Civil Code of Iran and the opinion of some early jurists, the city space is divided into three main parts based on the ownership of its lower land: "a. The public space of the city, which consists of two parts: space on public thoroughfares and space on private property, beyond the usual height limit. B. Private space, space adjacent to private property, below the standard height, which is located behind the common space. J. "Shared space, space bordering private property, below the usual height, which is adjacent to public spaces in the city. The first type of these spaces is among the public property and is an example of public commonalities and, of course, in public ownership. The second type is private property and privately owned land under it, and people have a easementright to it. And the third type of this space is among the peripheral property that people have the right to share. This perception of the nature of urban space can be effective in re-reading urban laws and, consequently, the realization of citizens' rights.