Study of the Rule of Control and Its Scope

The rule of "people's control on their possessions" is one of the wellknown and certain juridical rules. The rule consists of two positive and negative parts as follows: "each and every owner is in control of all kinds of interferences in his own possessions, and no one or no institution may limit his control on his own possessions". This rule is based on the Holy Quran, the way of the wise people, consensus, and hadiths. Though it lacks a strong chain of transmission, as one of the most important narrative arguments, the rule of control is one of the certain Islamic slogans, and it is thus authenticate. If, because of what that is well-known and followed, we do not accept the idea of weakness of chain of transmission, the correct point in this hadith is that people are entitled to make all kinds of interferences in their possessions as long as there is no prohibition issued by the legislator. This hadith is to legislate; and a hypothetical and obligatory permission to make all kind of interferences by the owners, as long as there is no prohibition made by the legislator,may be inferred from it. Thus, based on this hadith and the rule of control, all doubts may be eliminated. People's control on their possessions, rights, and the like falls in the scope of this rule. Waiver and dispossession are among the aspects of the owner's control on his own property. That whether the owner's control covers depth and height of his property (whether the owner is a natural person or government or nation) follows the convention.