نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیات علمی دانشگاه رضوی
2 دانشجوی دکتری حقوق خصوصی دانشگاه علوم اسلامی رضوی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The nature of allocating Anfal (Arabic: الأنفال, al-ʾanfāl; Earnings, Savings, Profits, Public domain) and how they are owned in jurisprudence and law are very important in preserving public wealth and property. The conditions and requirements of the time and place of Occultation (Arabic: غَیْبَة, ghayba) gradually made the jurists to equate the governing nature of Anfal by arguing some reasons, and to consider the personalization of the ownership of the people of the society in the use of Anfal and public property, and their fatwā (Arabic: فَتوی; plural fatāwā فتاوی, issuance of a religious verdict) should be noted that there is no need for permission from the qualified jurist of the and Islamic sovereignty to acquire Anfal in Occultation. Continuation of such a trend has many problems and undesirable consequences arise regardless of the governmental and civilizing role of jurisprudence for society in the present time and cause the destruction of many wealth and public property, the increasing destruction of the environment and disruption of the social system. This article has tried to explain the tendency of jurists and authorities to personalize possession of Anfal in the age of occultation and examine its consequences based on descriptive and analytical methods of the documents, and based on evidence; such as the principles of religion, the foundation of wisdom, the nature of Anfal, and the secondary rules of opinion appropriate to the conditions and requirements of the contemporary era; That is, the sovereign ownership of Anfal in the era of occultation and the necessity of obtaining permission from Islamic sovereignty and a comprehensive jurist should present the conditions for the ownership of Anfal and public property along with its foundations and evidence.
کلیدواژهها [English]
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