Jurisprudential Principles of Ownership and Exploitation by Individuals and Legal Entities of the Country's Mining Capacities

One of the critical yet underutilized capacities of the country is its mines. Optimal utilization of these mines can play a crucial role in the nation's economic prosperity. Jurisprudence is the backbone of the administration of Islamic society, and a jurisprudential approach in the development path of mines can smooth the way for the growth and flourishing of this industry. In this study, the general framework and principles of mining exploitation have been analyzed with a jurisprudential approach and drawing on the Qur'an and Sunnah. The results of this study indicate that the mines' primary owner is the Imam. During the Imam's occultation, the Jurisprudent Guardian (Vali-e-Faqih) assumes this role, and ownership does not deviate from the original owner. However, the right to exploit mines, with tools such as possession, revitalization, partition, gift, and Iqta', can be transferred to other individuals. According to some jurists, if there is an agreement to establish ownership through these means, the ownership resulting from these means is not absolute, and the original owner's ownership is not lost. Instead, a proportional relationship is established between the original and incidental owners. The competence for possession and enjoyment and the competence to prevent others from possession and enjoyment exist simultaneously. However, the incidental owner is only competent to prevent the first owner from possession and enjoyment. Moreover, the value of mines is not irrelevant to the discussion of exploiting them, and mineral substances have different legal rulings based on their value.