Examining the Quality of Transferring the Rights as the Result of Transferring the Object in Islamic Jurisprudence and Iranian Law

There is disagreement among jurists in answering this question whether the rights related to the object will be transferred by transferring the object itself or not? The origin of this dispute, especially in the examples, is that there is no general principle regarding this subject. It is necessary to note that the rights which are related to the object can be dependent to the object or to the owner. The rights related to the owner will not be transferred, unless it is expressed explicitly. However, the rights dependent to the object, will be transferred by transferring the object. Although some lawyers say that we should find objective basis for the effects of a transaction, but it seems that we should make a distinction between Transferring through Contract and Transferring by Force. In this study based on analytical method, we established a general principle based on the direct resources of Islamic jurisprudence and its evidences. The author has reached to the conclusion that in Transferring by Force, the principle is transferring the rights to the new owner of the object, and in Transferring through Contract, the principle is non-transferring of rights.