Ownership of Mines in Imami Jurisprudence with an Approach towards the Viewpoints of Jurisprudents in the Four Sunni Schools of Thought

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Kokhaeizadeh Karim; Niazi Qodratullah; REZVANIMOFRAD AHMAD

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: FIGHE MOQARAN Year:2019 | Volume:6 | Issue:12 Page(s): 111-133

Download Full-Text

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion

View:

1,203

Download:

Cites:

Information Journal Paper

Title

Ownership of Mines in Imami Jurisprudence with an Approach towards the Viewpoints of Jurisprudents in the Four Sunni Schools of Thought

Author(s)

Kokhaeizadeh Karim | Niazi Qodratullah | REZVANIMOFRAD AHMAD | Issue Writer Certificate

Keywords

Mines

Ownership of Mines

Mines in Imami Jurisprudence

Mines in Sunni Jurisprudence

Abstract

There are disagreements on the ownership of Mines among Imami jurisprudents. Some have said that: Mines are absolutely part of Anfal, i. e. the property of Imam or the Islamic governor. Their most important proofs are traditions. Some jurisprudents who, according to Sahib Jawahir, are the majority, categorized Mines under the category of Al-Mubahat Al-‘ Ammah, i. e. permitted for public. These scholars use “ Quranic verses” , “ the Five Traditions” , “ conduct of infallibles” and “ the principle of tamassuk (holding on)” as their references. Some jurists believe in tafsil (detailing) and therefore they believe that Mines can be considered like lands and their primary reason for this is the rule of taba‘ iyyat (following). Some other jurists believe in tafsil between external and internal Mines and their primary reason for this is the rule of ‘ ijma’ (consensus). According to rejection of reasons of other statements, and acceptance of proofs of the first group, and the answers to objections related to their reasons, the true idea is that Mines are absolutely included in Anfal, and therefore they are properties of Imam or the Islamic government. The statements of Sunni jurists are different. Hanafi jurists believe that the rule of mine ownership follows the rule of land ownership. Maliki jurists believe that Mines absolutely belong to Imam, that is, the governor or the vicegerent of Imam. Hanbali jurists believe that the rule of mine ownership about solid Mines follows the rule of land ownership and they consider liquid Mines as Mubahat Al-‘ Ammah and believe that utilization of liquid Mines is permitted for public. Shafi‘ i jurists believe that the ownership of a mine inside private lands is related to the ownership of the land, but if the mine is located in waste-lands, it belongs to the public and no one can own it.

Cites

No record.

References

No record.

Cite

APA: Copy

Kokhaeizadeh, Karim, Niazi, Qodratullah, & REZVANIMOFRAD, AHMAD. (2019). Ownership of Mines in Imami Jurisprudence with an Approach towards the Viewpoints of Jurisprudents in the Four Sunni Schools of Thought. FIGHE MOQARAN, 6(12 ), 111-133. SID. https://sid.ir/paper/267012/en

Vancouver: Copy

Kokhaeizadeh Karim, Niazi Qodratullah, REZVANIMOFRAD AHMAD. Ownership of Mines in Imami Jurisprudence with an Approach towards the Viewpoints of Jurisprudents in the Four Sunni Schools of Thought. FIGHE MOQARAN[Internet]. 2019;6(12 ):111-133. Available from: https://sid.ir/paper/267012/en

IEEE: Copy

Karim Kokhaeizadeh, Qodratullah Niazi, and AHMAD REZVANIMOFRAD, “Ownership of Mines in Imami Jurisprudence with an Approach towards the Viewpoints of Jurisprudents in the Four Sunni Schools of Thought,” FIGHE MOQARAN, vol. 6, no. 12 , pp. 111–133, 2019, [Online]. Available: https://sid.ir/paper/267012/en

Related Journal Papers