OWNERSHIP AND ADMINISTRATION OF PETROLEUM AND GAS MINES IN ARGUMENTATIVE ISLAMIC JURISPRUDENCE (FIQH) AND THE LAWS OF ISLAMIC REPUBLIC OF IRAN

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YASREBI SEYED ALI MOHAMMAD; SABZEVARI HABIB

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2018 | Volume:50 | Issue:2 Page(s): 495-517

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Information Journal Paper

Title

OWNERSHIP AND ADMINISTRATION OF PETROLEUM AND GAS MINES IN ARGUMENTATIVE ISLAMIC JURISPRUDENCE (FIQH) AND THE LAWS OF ISLAMIC REPUBLIC OF IRAN

Author(s)

YASREBI SEYED ALI MOHAMMAD | SABZEVARI HABIB | Issue Writer Certificate

Keywords

OWNERSHIPQ1

PETROLEUM AND GAS MINESQ2

ANFĀLQ2

CREDIT POSSESSIONQ2

ART. 45 OF THE CONSTITUTIONQ2

Abstract

As petroleum was discovered in our country, during its lifetime, several legal and political issues arose in this regard. One of these issues is the OWNERSHIP situation of the PETROLEUM AND GAS MINES. Jurisprudential texts and six major theories regarding mines are dealt with in this study, and considering the strong reasons and proofs we support the ANFĀL (spoils of war) theory, and it is hereby decided that mines are absolutely in Imam (Ruler)’s possession. Then, administration and OWNERSHIP manner are discussed within the logical course of the analysis. In this regard, two views are debated: priority in occupying, and CREDIT POSSESSION. Finally, legal texts, specifically ART. 45 OF THE CONSTITUTION as the main sources are interpreted on the basis of the Islamic and logical principles. As a conclusion it has to be mentioned that ANFĀL theory is established in the legal texts as well as jurisprudential texts, and has to take into account the legal texts on the basis of the jurisprudential reasons.

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APA: Copy

YASREBI, SEYED ALI MOHAMMAD, & SABZEVARI, HABIB. (2018). OWNERSHIP AND ADMINISTRATION OF PETROLEUM AND GAS MINES IN ARGUMENTATIVE ISLAMIC JURISPRUDENCE (FIQH) AND THE LAWS OF ISLAMIC REPUBLIC OF IRAN. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 50(2 ), 495-517. SID. https://sid.ir/paper/198458/en

Vancouver: Copy

YASREBI SEYED ALI MOHAMMAD, SABZEVARI HABIB. OWNERSHIP AND ADMINISTRATION OF PETROLEUM AND GAS MINES IN ARGUMENTATIVE ISLAMIC JURISPRUDENCE (FIQH) AND THE LAWS OF ISLAMIC REPUBLIC OF IRAN. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2018;50(2 ):495-517. Available from: https://sid.ir/paper/198458/en

IEEE: Copy

SEYED ALI MOHAMMAD YASREBI, and HABIB SABZEVARI, “OWNERSHIP AND ADMINISTRATION OF PETROLEUM AND GAS MINES IN ARGUMENTATIVE ISLAMIC JURISPRUDENCE (FIQH) AND THE LAWS OF ISLAMIC REPUBLIC OF IRAN,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 50, no. 2 , pp. 495–517, 2018, [Online]. Available: https://sid.ir/paper/198458/en

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