بررسی مبانی فقهی، حقوقی، اجتماعی و سیاسی مالکیّت عموم جامعه بر سواحل

غلامعلی صادقی; حسین احمری; مصطفی رجای پور

Authors

Gholamali Sadeghi PhD student, Department of Fiqh and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran. Author https://orcid.org/
Hossein Ahmari Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran. Author https://orcid.org/0000-0002-6037-6187
Mostafa Rajaipour Associate Professor, Department of Fiqh and Fundamentals of Islamic Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran. Author https://orcid.org/0000-0002-2289-0070

Keywords:

state ownership, coasts, jurisprudence rules, legal rules, enfal, Justice

Abstract

One of the main elements of nature, which is the source of human life and is considered as public property in terms of jurisprudence, legal, social, political, Quranic verses and scientific research, is water, which is considered as the vital arteries of every country and as an important part of wealth. National and social, it should be given more attention to the legislators and administrators of this field so that in the fair and optimal use of this divine blessing, both the rights of nature are fulfilled and the rights of the general public as the main owners are observed. The issue of unjust possession and ownership of coasts and marine resources by rich people and those with financial and political power created a necessity to introduce the best jurisprudential and legal rules to solve this problem. In all countries, the legislative authorities design and implement special laws in accordance with their ideological and regional foundations in order to ensure the rights of the general public and the manner of possession and ownership of the seas and coasts. In the Islamic Republic of Iran, laws and regulations have been formulated and are currently being implemented. The question of the current research is whether there are legal and jurisprudential rules in the field of ownership of beaches that are the basis for facilitating and supporting legal rules in the field of public ownership of the society. Based on these rules, can the government own and manage the beaches? Also, to what extent these rules can play their role in protecting and observing moderation in the benefit of the public from this vital and strategic blessing. The present research was prepared by the library method and the analysis of jurisprudence and legal rules of the religion of Islam, the results showed that the correct implementation of: the rule of justice, harmlessness, waste, etc. can create a platform and support domestic and international legal laws. be international According to Islamic jurisprudence and legal principles, and Quranic reasons and authenticity, beaches are considered as public property (Anfal) and according to Article 1 of the law approved in 1372 by the Islamic Council, the Government of the Islamic Republic, the ownership and responsibility of all matters including protection, setting regulations, And the method of exploitation of the beaches will be at his disposal as a representative of the general public so that justice is achieved.