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Showing 3 results for Urban Development Plans


Volume 2, Issue 1 (4-2012)
Abstract

Religious places are the places for the believers to pray. Holly Qur’an clearly defines these spaces as the places that belong to Allah, and Muslims worship and express their belief there. The word ‘mosque’ is mentioned 28 times in the Holly Qur’an. The overall function of mosques aims to generate harmony, harmony of Muslims with respect to God. Mosques have two integrated purposes of religious and social activities. The religious purpose is to worship God in congregational prayer five times a day. The social purpose is to unite Muslims within the community and strengthen their social relationships. Mosque is a symbol of religion, unity, beliefs, identity, peace, strength, justice and solidarity of Muslims. It promotes collective strength; defines hierarchy and allegiance; resolves conflicts with the community; strives for social cohesion; and imparts restrictions and controls of human behavior. The ideal use of mosques was in traditional Muslim cities. They were used as multi-purpose spaces, serving for prayers, studying Holly Qur’an, making political decisions and solving socio- cultural problems. In those times, mosques had to be equally distributed in the built environment and in proportion to the size of population of various sections in the cities. Building mosques in an equal and proportional distribution provided all inhabitants equal access to the use of the spaces in a mosque. So it seems that in traditional Islamic cities mosques had more important roles; they were able to unify Islamic cities physically, socially and culturally but recently, planning of the cities lack the utilization of this characteristics. The study shows that in recent urban planning and design, religious spaces especially mosques have not been paid proper attention. This article is mainly concerned with the role of religious places and specially mosques in planning and design organization in Islamic cities. The main question here is that whether planners and designers have considered the main role of the religious spaces and mosques in planning and designing of a contemporary city for Muslims or not? It seems that there is no significant attention to religious places in the recently prepared city plans. In order to examine the above hypothesis, the comprehensive plans of five districts of Tehran Municipality (2 th, 3 th, 12th, 17th& 20th regions) were selected as case studies. These parts are located in different parts of the city. To pursue the research; a number of variables were determined and defined. What we found out is that one of the reasons for the decreasing of social interaction and spiritual values in our contemporary cities, is the forgotten role of our religious magnets as a social capital of the society in the planning and designing of our cities. It means that this factor is the one that ought to be under strong consideration in all Muslim communities all over the world.

Volume 5, Issue 2 (3-2023)
Abstract

Introduction
The review of urban development plans in Iran in the horizon indicates that a large part of the proposals and estimates in the horizon of this plan have not been realized. One of the main reasons for the ineffectiveness of these plans is the way they face the property rights. A right that is recognized in the country of Iran and based on Islamic law and Sharia; Therefore, it is necessary to examine this topic from the perspective of Islamic thought. Among the emerging ideas in the field of urban planning in the west is the transfer of development right (TDR) approach.
This idea was proposed for the first time in order to preserve cultural heritage in America. But is this approach, which is used in urban plans in recent decades in Iran, is expanding and has its roots in Western thought, can it be the answer of Iranian Islamic society? Therefore, in this research, the main goals are, 1. Obtaining the framework of the concepts of rights and the transfer of property development based on religious texts, jurisprudential principles and documentary sources.
2. Adapting and reviewing the legal status of owners in the TDR approach is from the perspective of Islamic thought. In this research, while examining the three dimensions, jurisprudence, ethics and law in the approach of transfer of development rights and the compliance of laws related to urban development plans with Islamic jurisprudence and the approach of transfer of development rights, it is tried to make suggestions to benefit from the jurisprudence/ethical rule based To be presented on Islamic thought in urban development plans.
Methodology
This research is applied and developmental in terms of purpose and analytical-descriptive in nature. This research is carried out in two stages, first by using documentary studies and existing information resulting from the implementation experiences of urban plans, the legal status of ownership and transfer of the right to development is examined, and in the next stage through studies of religious texts and Shariathe framework of property rights in the religion of Islam is explored.
So, the right of ownership in Islam and Islamic thought, focusing on the principle of subordination, is examined in comparison with the right to transfer ownership in the TDR approach, and suggestions are made for the integration of legal structures and the Islamic system in the field of ownership in order to increase the realization of projects. Urban development is provided.
Result and discussion
The transfer of development rights (TDR) approach was first considered in New York City and in the United States, the possibility of moving and the right to transfer a license plate to the adjacent license plate in the Zoning Law of 1916a. Based on this plan, the owners were given permission to sell their vertical development right to adjacent land plates, and the parts receiving this right would have the possibility of violating the construction height limit and setback requirements. Various issues are involved in the TDR approach, such as development right, development value, and service recipient and service provider areas.
By using the development right transfer approach, the owners of sensitive natural lands, farms, as well as historical and important areas can receive their losses through the sale of their transferable development TDR and voluntarily develop their property in the future.
Regarding the jurisprudential aspect of the transfer of development rights, according to the perspective of personal partial dispossession in Islam, people are free to own their property, but according to the interests of the society, some of these rights are deprived by law and government. Regarding the next aspect of citizenship rights, citizenship and ownership, which are considered among new concepts in the West today and are trying to achieve the rights of owners and citizens, are explicitly mentioned in Islam.
Regarding the moral aspect, Imam Khomeini mentioned that man is the essence of all beings and the essence of the whole world. The mission of the prophets is to actualize this potential extract. The effort of all prophets is to create social and inner justice in humans. Justice is the direct path of human progress to divine perfection. In practice, the limits of ownership and the amount of consumption should be based on right and justice and in the direction of maximum productivity and growth and ensuring social justice.
In Iran, the renovation and improvement of dilapidated urban structures as a problem with different social, economic, legal and technical dimensions has been included in the programs of the government and municipalities since the early 1980s. At the same time as drawing attention to this category on a national scale and in the form of by-laws and laws, Tehran Municipality has also started planning and intervening in these fields since 2013.
The actions of the Tehran City Renewal Organization show that at the beginning in 2012 with the construction plan of the eastern highway edge which was a program based on acquisition, demolition and reconstruction, in the years 2018 and 2019 in the form of setting up facilitation offices and based on Social actions crystallized. Previously, experiences in the field of intervention in urban contexts, especially worn-out contexts, were carried out with the approach of improving physical and functional conditions and without paying attention to other aspects of the issue.
This is despite the fact that the basis of the concept of citizenship rights in the Islamic city is the people. In fact, the role of people in all areas of urban development plans should be considered. The plan must satisfy the people involved in the plan, and one of the most important examples of this is the way of bringing together the owners in connection with the occupation of lands and properties in order to achieve the goals of collective development. It is obvious that a process that starts with the creation of dissatisfaction among the beneficiaries of the project is not based on the principles of Islam and jurisprudence.
Conclusion
Islam is the religion of justice, equality and right orientation, and by relying on Islamic jurisprudence, important rules can be extracted and explained in the field of urban issues. The rules of submissiveness, harmlessness and expediency are among the most important jurisprudential principles that must be observed in Islamic urban planning in Iran in order to maintain and control the family foundation, stability of ownership, and respect for citizens. Also, the main condition for validating urban development plans is their compatibility with the approved laws of the country.
Most of the specialized laws approved in the field of urban development and construction, including the Law of Municipalities (1960), the Civil and Urban Renovation Law (1968), etc., are related to the Pahlavi era, and these laws have not been corrected or updated over time. It is possible to achieve this goal in the form of adding notes to the articles of the previous laws, or canceling the previous laws and approving new laws. Islam is the religion of justice, equality and peaceful coexistence.
If the above laws are revised in accordance with the jurisprudential-ethical principles of the Islamic religion and the patterns considered for acquisition have the least amount of intervention and also the full satisfaction of the owners whose property is placed in the path of development plans, It is possible to observe the fulfillment of Islamic rules in the cities. Therefore, the following comprehensive suggestions are presented in order to achieve this goal.
- Avoid urban development plans that only exist with an economic and material view of land, buildings, and people's livelihood.
- Avoid large-scale decision-making and interventions.
- It is necessary to review and update the laws related to construction and development in line with the speed of development and complexity in cities. Including in the applicable laws that were approved before the Islamic Revolution era.
- Based on moral jurisprudence rules, a set of rights should be included in the laws and decisions should be made based on them, such as ownership citizenship rights, business and profession rights, water and flower rights, agricultural right.
Mohsen Rashidi, Hamidreza Saremi, Ismaeil Shieh,
Volume 5, Issue 3 (9-2024)
Abstract

Aims: The problemology of Iran’s urban development policies is focused on the legal dimension of urban development programs in the period after the revolution “from the beginning of the 1360s to the end of the 1390s”.
Methods: For this purpose, after detailed study of the text of the approvals in the mentioned time frame, with the interpretative-analytical approach and with the help of the qualitative content analysis method, the approvals related urban design were discussed and then the content related to the development plans was extracted. A city from legal point of view was examined in these 42 resolutions.
Findings: Paying attention to the texture and historical buildings with 24.68%, paying attention the existing historical background with 18.36%, tourism in urban areas with 16.58%, and recreation and leisure axes with 15.47% were the most topics. which have been considered from legal point of view. In the meantime, attention is given “view axis” with 0.98, “walking axis” with 1.88 and “cycling axis” with 1.88, attention to “height proportions”, “human scale” and less has been written from the legal point of view in the political issues of urban planning in Iran from the beginning of the 1360s to the end of the 1390s.
Conclusion: As result, despite the existence of hundreds of legal texts that have at least one article or clause related to planning and controlling the country’s physical development, this collection has not yet been able respond to the needs today’s physical development the country and relationship between the government and the people. Determine the relationship between people and the legal framework.


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