مباني فقهي مسووليت مدني ناشي از استفاده از گذرگاه هاي عمومي

THE JURISPRUDENTIAL PRINCIPLES OF CIVIL RESPONSIBILITY RESULTING FROM USING PUBLIC PASSAGEWAYS

One of the principles of Islamic jurisprudence is paying equitable attention to both individual and society and not to ignore any one of them in favor of the other; a principle which is best observed in the demarcation of the limits of private and public proprietorship, since in Islam the individual proprietorship is as respectful as the public proprietorship and never can any one of them be neglected for the sake of the other, although under certain circumstances observing the respect of one may take precedence over paying regard to the other. Making use of the passageways which are the true evidences of public proprietorship, although a citizenʹ right, should not disclaim the right of others in using them. In this article, while elucidating the juridical status of public passageways, we intend to explain how the citizens are to make use of them and to indicate that from the standpoint of Islamic law their utilization in any way, except for pedestrianting or transportation purposes, would not be permissible.