خلاصة:
The importance of jurisprudential and legal examination of the way the government of the Islamic Republic of Iran applies its sovereignty over the lands of wastelands is due to the nature of anfal and the necessity of exercising government supervision over these lands during absence. According to the relevant laws, the government is the owner and has the right to take ownership of the wastelands. This ownership and right of ownership in the competition of wastelands has been planned and applied based on the official authority of the Imams of Usul (peace be upon them) over wastelands. By examining and comparing the reasons for the personal ownership of Imam asl (a.s.) with the reasons of those who believe in the official authority of Imam Asl (a.s.), the result is that the rival lands of wastelands belong to the Imams of Usul (peace be upon them). Based on this, it is expected that during his absence, by adjusting the government's authority to transfer the rival lands of favorable land through the approval of the new law, the ownership of Imam Asl (a.s.) over the rival lands of favorable lands will be stabilized and the transfer of the ownership of rival lands of favorable lands to the exploiters will be prevented. Action will come.
ملخص الجهاز:
Imam of Principle (as), Anfal lands, Mawat lands, personal ownership, functional sovereignty - Rasouli Asiabi, Hossein; Izadifard, Ali Akbar; Zareei, Mohammad Mahdi (1403) An Inquiry into the Manner of Exercising State Sovereignty over "Mawat Lands", Journal of Islamic Jurisprudence and Law Studies, University of Semnan, No. 37, pp.
The transfer of ownership of the essence (raqabah) of Mawat lands by a state that, according to the law, is the owner of Mawat lands, has no relation to the legislative will of Allah the Almighty, the intentions of the Imams of Principle (peace be upon them), or the fatwas of the jurists of the Imami school in this regard.
While examining the arguments for the principle of functional sovereignty, the authors do not consider the scope of the state's governing powers to extend to the transfer of ownership of the essence of Mawat lands; however, they simultaneously maintain the necessity of exercising state supervision regarding the establishment of fair conditions for utilizing Mawat lands during the period of Occultation.
4- The chosen theory regarding how the government of the Islamic Republic of Iran exercises sovereignty over Mawat lands during the period of occultation Those who believe in the functional sovereignty of the Imam of Principle (aj) say: «If the title of Imamate is in a causal sense or a title referring to the essences of the Imams of Guidance (as), its necessity is inheritance by heirs, and nothing would remain for the subsequent Imam (Montazeri Najafabadi b, 1409: 7/310; Khomeini, 1421: 2/633; ibid: 3/27).
(
, 
, 
)
