Document Type : .
Authors
1
PhD student Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2
Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran: (Responsible Author).
3
Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2023.376870.1343
Abstract
Cont ext and purpose: In this paper, an attempt has been made to investigate the transfer and nature of Anfal in Iranian jurisprudence and law.
Materials and methods: This paper is descriptive and analytical and library method is used.
Ethical considerations: In this paper, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings indicate that in Imamiyyah jurisprudence, natural gifts, such as fertile lands and forests are considered as Anfal. Anfal or God-given wealth is one of the public wealth of the Islamic society, which is not the private property of any one of the people and has no specific owner. It is obtained from numerous narrations that during the presence of the Prophet (PBUH), Anfal belonged to the Prophet and the Infallible Imams (PBUH) and they used it wherever they thought it expedient. Anfal is the position of Imamat and leadership of the Prophet and Imam (AS), not their personal property, and therefore it is given to them, who are responsible for the guidance and leadership of the Ummah.
Conclusion: The sale of Anfal is prohibited and only by the Islamic government, it may be provided under the conditions of temporary and definitive transfer in the form of processes, such as privatization. This means that first the various examples of Anfal are defined in the form of government property and according to the existing standards, then it should be handed over to private individuals in the form of privatization.
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