Journal of Researches in Islamic Architecture

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Urban development plans define the process of planning for urban improvement based on both Islamic regulations and substantial principals of urbanism. The rights of private ownership are basically emphasized in Iranian constitution. Attempts of urban redevelopment plans are inherently in contrast with the private rights of ownership. 

Rules and regulations governing the urban systems are considered as a common point of Legal Studies and Planning. On the other hand, urban system as one of key elements of the relationship between the state and the nation regulates the proportionality between people and public based on private low and public low.

In this sense explaining the precise view of private ownership and public interest in the process of planning for urban re-development is the necessity that needs the interaction of these two main aspects of urban studies.

In order to understand the structural and substantial aspects of public interest and private ownership is in parallel with the questioning about the balance between private and public rights in the urban planning process. The right to the city is in no conflict with other civil rights in its truss sense, but there are some constraints and weaknesses in the definition of the nature and explanation of this right on the one hand, and its interaction with other, which has some consequences for urban development plans and programs on public scale and in the contax of urban regeneration measures on particular scale.

This research applied the qualitative approach and the analytical-interpretative methods. The methodology is based on the process that analysis and interpret the regulations of acquisition under the logical strategy.

These regulations are measured regarding seven elements of “constitution, civic laws, public interest, private ownership right, urban rights, justice and performance”.There are 76 indicators derived from these 7 elements among them the most compatible, conflicting and ambiguous ones are selected. In this analysis the weaknesses and constraints of these regulations are explained.

This output guides the researchers to propose the new approach in studying the urban regulations which could meet the needs of multiple interests and could lead to compatibility of interests in public and private sphere which is one of the critical goals of urban planning systems

The indicators of ownership and public interest are the most compatible ones in the regulative contexts. Also, the indicators of regulative process, administrative systems and implementation costs, are the most ambiguous ones.

For the most important conflicts between the goals of the right to the city and process of “Urban regeneration measures, we can refer to neglect to” private property rights. Rights to private space is the right that gives meaning to the living of residents in city. But the right to the city may not only be achieved, but injustice also manifests itself more in urban spaces when measure for urban regeneration forbids residents from the right to space with an aim to realize the right to the city, let the property right the residents remain at the periphery.

The rights of ownership, social participation, public interests and private ownership right are the most conflicting ones which challenge the redevelopment actions in urban planning systems

The result of the research ends in the mechanisms analyzing the procedural and regulative aspects of acquisition regulation. The research aims to enrich the concept and position of the right to the city by probing into imam Ali highway project from two aspects, property right and the right to city and parallel with it, it aims to define property on the hand and balance the existing conflict between property right and the right to the city, thus the research has a qualitative nature and approach and mainly rests on a critical analysis, in that using logical argumentation it analysis and investigates the position of the two concepts”the righto the city” and “property right” in the process of urban regeneration measures, both in terms of a case study(imam Ali highway in Atabak and Minaee neighborhoods) and documentary studies.

To recognize the structure of public and private law in the urban system of the country it is necessary to answer the question “what is the entity of the urban rules and regulations of country in the light of Islamic laws and regulations?” the methodology of research based on the system interpretation of the urbanization of the country is in order of governing on the legal sources.

This analysis is qualitative and determined using Logical reasoning technique and documentary studies method. Analysis of the actors of the private and public spaces of cities on the one hand and the redefinition of the public and private rights in the legal order of country on the other hand, guides us to the new pattern and approach regarding the rights of urban studies. This approach, by providing multiple needs and Compatibility varied interests between the private and public spheres, leads to the manifestation of civil rights ideals.With the applicable proposals, the balance between public and private interests is facilitated and these findings could lead to the sustainable interaction between these two critical and conflicting aspects of urban redevelopment actions.

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So far, insufficiency of fluency non-native patterns in urban planning system and reliance on imported versions in our urban planning, which has imposed heavy consequences on our organization city. Superficial imitation of the patterns and lack of inclusion of indigenous socio-cultural foundations, not only failed due to an intolerance to adapt with Iranian-Islamic identity of the city but also but sometimes incomplete or improper implementation of them, has created double dilemma. Glorious history of Islamic civilization is full of strong evidence to show that always Muslims with intelligence and interaction with other cultures can use positive approaches of the others, Of course, in this way the main source was the Qoran and the Prophet (PBUH) and the Ahlul Bayt method. Therefore, localization and using benefit of the positive achievements, in particular the successful experiences, it can be catalyst and facilitator to achieve a model of their own culture. In this context and to respond to the significant challenges of development and conservation issues in the context of historical Islamic cities ,in this study scrutinizes, integrated urban regeneration policy and according to the contextually logic and its components, introduced native model of integrated urban regeneration in the context of historical Islamic cities. Obviously this issue is possible, after becoming today›s one-dimensional man and as a result imbalances in the structure of the city caused cultural gap and injection of indigenous component, only through recognition of the Islamic identity of the city and its components based on Islamic thought. Qualitative methods of this study, with descriptive-analytic approach, gathers information through using documentary. The main sources are the urban regeneration literature and the Book of God, Imams traditions, legacy of Islamic cities.Every religion can be clearly reflected in the construction of the physical, economic, social, cultural and geographical spaces which can be observed under the realm of religion. Islam binds importance and value of city to scale of its spirituality of the people. Therefore, Islamism of city depends on can present the principles and values that Word of God has defined to the Muslim community. A Islamic city is Islamic if  its physical aspect is manifestation and expression of Islamic values for human life and the basis of the attributes of divine action; Absolutely in such this structure, unison of material and spiritual components to unity, in totality-unity in diversity- must be fulfilled; Such that human virtues such as justice, moral virtues for example honesty, safety and security and in general all religious good nesses are plentiful in the Islamic utopia and of course, in considering to  physical aspect will not  never neglect the virtues and somehow is going to be built in such spaces that have virtue and reminder for human. Meanwhile the urban context, both historical and new, is objective space as constituents of the Islamic city in association with intellectual and practical space follow the realization of a goal. According to Islamic teachings, the ultimate goal of human is perfection and excellence that will not be possible unless we pay attention to God, therefore, in the Islamic urban planning all components must be noted and used to improve human. The deteriorated texture problems in the structure of our modern cities, not new and not fully solved and so far main part of this problem goes to the logic of policies that have been adopted. Nowadays, decision-makers face trouble because of lack of the pattern which adaptive to social, economic, and geographical attributes of country and rely on imported patterns. More patterns arising from the capitalist system that except their own interests, and not pursuing another target. It is clear that the adoption and use of global patterns not only is not required and pre assigned version for all cultures and nations, but also is not in many cases definitive. So it seems to achieve Islamic-Iranian model of progress, first, it should recognized basic principles of common pattern in all aspects of decision-making in solving problem and then be recognized main assumptions underlying them and adapted to the culture and conditions. Therefore, understanding the process of change and protection of them is key to integrated urban regeneration. In this study, Based on theoretical principles of Islamic city, model for integrated urban regeneration process in historical context are explained and localized, from this perspective lack of comprehensive theoretical mechanism for dealing with the deteriorated historical context in modern cities of our country will solved.

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