The Place of Natural Resources in Islamic Jurisprudence

Abstract

Natural resources hold a special position in Islamic jurisprudence. These resources refer to those that are created in nature without human intervention and encompass numerous examples. Islam, with its comprehensive and holistic perspective, asserts that the utilization of these resources is for all generations (the present era and future generations). Anfal, which is one of the manifestations of natural wealth, is—according to the belief of Shia jurists—under the authority of the Prophet (PBUH) and the Imams due to their esteemed status. In the present era, the Wali al-Faqih (Guardian Jurist) manages it in accordance with public interest. This research has been compiled using a descriptive-analytical method. There are differing opinions among Shia jurists regarding the examples of Anfal. In the terminology of Sunni jurists, Anfal differs from its definition in Shia jurisprudence and is considered part of war spoils. Shia and Sunni jurists hold different views on Fei, which is one of the instances of Anfal. Sunni jurists consider concepts such as Jaziya (poll tax) and Kharaj (land tax) as part of it. Generally, one of the characteristics of Anfal is that it is not privately owned, and its use is permitted only with the permission of the Wali al-Faqih for public welfare. In the case of Mubahat Amma (publicly permissible resources), utilization is allowed for the general public, and individuals can gain ownership through possession and appropriation without requiring the permission of the Islamic ruler. However, public property, which belongs to all people and is managed by the government, cannot be privately owned, and its destruction or unauthorized use is a crime. Principles such as the principle of non-ownership, justice, fairness, and environmental protection are among the governing principles governing natural resources.