The Jurisprudential and Legal Status of Public and Private Roads in Iran

Abstract

Roads, as one of the essential infrastructures of every country, play a fundamental role in facilitating transportation, communication, and economic development. In Iran, the jurisprudential and legal status of public and private roads is influenced by the principles and rules of Islamic jurisprudence, statutory laws, and governmental policies. Public roads include highways, expressways, and pathways designed for the general public, providing open and unrestricted access. Private roads, on the other hand, refer to routes limited to a specific individual or entity, such as private roads within personal estates or industrial complexes. Islamic jurisprudence presents specific perspectives and principles regarding the right of passage and the use of roads. The right of usufruct allows individuals to use public roads unless a legal prohibition exists. The responsibility for the maintenance and upkeep of such roads lies with the state and relevant institutions to ensure their safety and functionality. Laws related to the right of passage, particularly in instances where the use of private roads requires permission, are addressed in Islamic jurisprudence based on the principle of La-Zarar (no harm) and the respect for others’ rights. Legally, within the Iranian legal system, multiple layers of legislation govern roads. The Civil Code—specifically Article 138—addresses the ownership and exploitation of property and roads, referring to the rights of ownership and usufruct. In addition, specific laws such as the Roads and Urban Development Act and its related executive bylaws cover issues such as construction, maintenance, and road management. Municipal regulations are also responsible for the establishment and maintenance of roads within cities and villages. Environmental protection and consideration of the ecological impacts of road construction and maintenance must be reflected in laws and policies. This article seeks to provide a comprehensive analysis of the types of roads, jurisprudential and legal foundations of road use, and the responsibilities of individuals and the state concerning them.