a Jurisprudential Study of the Invalidity of Transactions in the Law Requiring Official Registration of Immovable Property Transactions

With the enactment of Article 22 of the Law on Registration of Documents and Real Estate and Article of the Civil Code, the Islamic evidence and what was considered in jurisprudence as evidence to prove a claim were questioned. After a while, the Guardian Council declared the articles invalid. However, the legislator enacted a law entitled the Law on Obligation to Officially Register Transactions of Immovable Property. However, the approach of the jurists and the Guardian Council's adherence to it, in the historical passage before and after the Islamic Revolution of Iran, in line with Islamic standards, indicated the acceptability of ordinary documents by jurisprudence, and they consider the absolute superiority of official documents over ordinary documents to be devoid of jurisprudential precedent and, for reasons that will come, non-Islamic. In this research, which has been compiled based on a descriptive-analytical method and using library resources, the compliance or non-compliance of the aforementioned law with the jurisprudential standards and the instructions of the Holy Lawgiver is examined. In summary, it should be noted that, according to jurisprudential sources, the law requires the official registration of immovable property transactions in cases that are contrary to Islamic principles.