Mining ownership from the perspective of Islamic jurisprudence and English law

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

In today's era, natural capitals are very important in economic prosperity and active production cycle, because the production of factories mostly depends on the raw materials obtained from these mines, and on the other hand, the capital of some countries is also obtained through the extraction of reserves. It is provided underground, including oil. Therefore, the importance of mines in providing financial resources, industrial development and economic progress of countries is undeniable. Therefore, considering the importance of mines in the economic development of countries, its extraction requires laws and regulations that clearly explain the rights of the government and the nation; Because the arbitrary extraction of mines can lead to irreparable negative economic and environmental consequences. Therefore, by analyzing the rules, foundations and legal sources between public and private ownership, the present research seeks to answer the question, who is the main owner of mines from the perspective of Islamic jurisprudence and English law? And it has come to the conclusion that despite the existing differences, from the perspective of famous Islamic jurists, mines are a part of Anfal and its authority is in the hands of the imam or ruler of Sharia, and in English law, there are two different views on the ownership of mines, one theory of ownership It considers mines to be subordinate to land, and the second theory considers mining ownership to be separable from land ownership and negates the land owner's ownership of mineral deposits hidden in its depths.

Language:
Persian
Published:
Journal of Comparative Studies on Islamic countries Law, Volume:1 Issue: 2, 2022
Pages:
27 to 54
https://magiran.com/p2600023