A Comparative Review Around the Ownership of Grazing Lands and Forests in Imamiyyah and Hanafi Jurisprudence

There are special rules in Islamic jurisprudence for natural resources such as grazing lands, pastures, and forests. To study about ownership of these God-given riches is one of the important jurisprudential issues about forests and pastures, based on Imamiyyah and Hanafi jurisprudence. The main purposes of this article are consolidation and explanation of the principles and ideas of Imamiyyah and Hanafi jurists about foresaid subject. As a result, the reader becomes familiar with the views and opinions of jurists of both religions and their similar and different attitudes through a comparative study. To achieve this goal, the ownership of pastures and forests have been discussed in regard to to the Imamiyyah school from the era of the Holy Prophet (PBUH) and the Imams (AS), and also the era of absence. In addition to Imamiyyah school, Hafani school of thought has been studied from the era of the Holy Prophet (PBUH) until now. This research by a descriptive, analytical and comparative method shows that in Imamiyyah jurisprudence, pastures and forests are properties of Islamic ruler and governer and as a part of Anf'al, and in Hanafi jurisprudence it is considered as is public's property and who possesses them firstly will be their owner.