Study of Dependence of Mining Ownership on Land Ownership in Shī ‘ a Jurisprudence

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kokhaiizadeh karim; neazi ghodratola; REZVANIMOFRAD AHMAD

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Journal Paper

Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2019 | Volume:51 | Issue:2 Page(s): 423-442

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Information Journal Paper

Title

Study of Dependence of Mining Ownership on Land Ownership in Shī ‘ a Jurisprudence

Author(s)

kokhaiizadeh karim | neazi ghodratola | REZVANIMOFRAD AHMAD | Issue Writer Certificate

Keywords

mineQ1

dependenceQ2

reclamationQ2

ḥayāzat (possession of what can be possessed)Q2

ownershipQ2

Abstract

One of important issues in mining ownership is dependence or non-dependence of mining ownership on land ownership, about which there are some views. The renowned majority of Shī ‘ a jurists have distinguished mines located in private estates and the ones situated in public estates and thus have accepted dependence in the former and non-dependence in the latter. In this study, which has been carried out in a descriptive method and with reference to legal and juridical texts, the authors have concluded that mining ownership is no absolute way dependent on lands in which the mine is located; because primary and secondary reasoning of ownership cannot prove that whatever is located in the lands belongs to land owner, although it is naturally considered a part of the land; moreover, mining wealth is undoubtedly not economically and financially considered as a part of the land. Thus, judicial edicts related to land is not generalized to mine because, in view of the proportion of ordinance and subject, it is separately economic wealth.

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APA: Copy

kokhaiizadeh, karim, neazi, ghodratola, & REZVANIMOFRAD, AHMAD. (2019). Study of Dependence of Mining Ownership on Land Ownership in Shī ‘ a Jurisprudence. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 51(2 ), 423-442. SID. https://sid.ir/paper/198545/en

Vancouver: Copy

kokhaiizadeh karim, neazi ghodratola, REZVANIMOFRAD AHMAD. Study of Dependence of Mining Ownership on Land Ownership in Shī ‘ a Jurisprudence. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2019;51(2 ):423-442. Available from: https://sid.ir/paper/198545/en

IEEE: Copy

karim kokhaiizadeh, ghodratola neazi, and AHMAD REZVANIMOFRAD, “Study of Dependence of Mining Ownership on Land Ownership in Shī ‘ a Jurisprudence,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 51, no. 2 , pp. 423–442, 2019, [Online]. Available: https://sid.ir/paper/198545/en

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