1- On the Legal and Fiqh Based Investigation of Natural Resource Lands Endowment

Abbas Koohneshin1, Seyad Alireza Eftekhari2, Reza AbbasPour3, Malihe pishvaei*4- 4017

International Journal of Management Sciences and Education, March  2016, Vol. 4, No. 2, pp: 36-41

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Abstract

Natural resources lands (Jungles, pastures, etc.) are considered as Anfal and are available to the Islamic Government so that they are utilized in accordance with the Public Interests. Endowed cultivated lands remain endowed and become endowed; the Fiqh based and legal basis is that since the uncultivated land is not under the possession of anyone and is considered as Anfal that  by the time the Imam is present, they belong to the Imam and in his absence, they are provided to the Valy Faghih and the Islamic State. Therefore, no one shall be entitled to possess the uncultivated land so to endow it rather the land needs to be reclaimed and flourished so that the latter, having assured of his own property, can endow it. The current research aimed to investigate the endowment of natural resources territories from a legal and Fiqh based point of view. This study is descriptive and library based and the review of information gathered has been conducted via using information sites such as Google Scholar, Mag Iran, Noor specialized website, Humanities Specialized website. Findings of this research indicate that in natural resources land endowment, since these territories are regarded as Anfal, the endowment of natural resources is null and void. For jurists, pastures located within the realm of endowed property are subjected to "Realm-related possession" founded on rules.

Keywords: Fiqh, Law , Jurisprudence, Territory, Natural resources.  

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