خلاصة:
Special provisions have been enacted in Islamic jurisprudence for natural resources، especially forests، pastures، due to their importance in the economy of a country. According to the well-known idea of Shi’a jurists، most of the natural resources، including pastures and forests are regarded as part of Spoils، and are the property of Islamic ruler. If there is a pasture or a forest that is devoted as a pious foundation in a correct way and there is the trace of human involvement in creating the forest and pasture، then we will see from the perspective of law and jurisprudence that the endowment of these properties should not be annihilated with an excuse of their being a part of Spoils.
ملخص الجهاز:
According to the opinion of the majority of Shia jurists, most natural resources, including pastures and forests, are considered part of the Anfal (public property) and are under the ownership of the Islamic ruler.
Therefore, in Islam, specific rulings have been considered for natural resources; in other words, due to their importance in the country's economy, according to the opinion of most jurists, they have been removed from the scope of private ownership, and Islam has considered forests and pastures, according to the famous opinion, to be part of the Anfal.
Based on this and also considering what we said regarding the second theory for the criterion of determining the instances of Anfal, it can be concluded that in our time, the theory of pastures being Anfal is closer to the truth; because firstly, many pastures, since they have been revived through agriculture according to custom, are considered ownerless property, and secondly, given the shortage of rich and green pastures in Iran, the interest of society requires that these resources, due to their importance in preserving the natural life of the country and also providing fodder for livestock, be under the ownership and control of the Islamic ruler.
Also, in response to the question of whether natural forests and pastures, in which humans had no role in creation and which are considered part of the anfal according to Article 45 of the Constitution, are capable of being endowed or not?
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