The Juridical and Legal Examination of the Concept of Right and Property

Document Type : Original Article

Author

academic member

Abstract

Special provisions have been enacted in Islamic jurisprudence for natural resources, especially forests, pastures, due to their importance in the economy of a country. According to the well-known idea of Shi’a jurists, most of the natural resources, including pastures and forests are regarded as part of Spoils, and are the property of Islamic ruler. If there is a pasture or a forest that is devoted as a pious foundation in a correct way and there is the trace of human involvement in creating the forest and pasture, then we will see from the perspective of law and jurisprudence that the endowment of these properties should not be annihilated with an excuse of their being a part of Spoils.
 

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