Evaluating distributive justice in the allocation of natural resources with an approach to Islamic jurisprudence and Iranian statutory law

Document Type : Original Article

Author

• Ebrahim Yaqouti

Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran (Corresponding author): [e-mail]

Abstract

Distributive justice, as one of the fundamental principles of justice, plays a vital role in the fair allocation of natural resources. In legal and jurisprudential systems, the allocation of natural resources as part of public property has always faced challenges such as monopolization, abuse of power, and violation of the rights of vulnerable groups. Accordingly, the purpose of this article is to identify the strengths and weaknesses of the Iranian legal system in comparison with jurisprudential teachings and to provide suggestions for improving the process of fair allocation of natural resources. The present study was conducted using written sources and legal documents (domestic and international) and jurisprudential documents related to the allocation of natural resources from the perspective of distributive justice with a deductive analytical method. The results of the study show that in Islamic jurisprudence, fair allocation of natural resources is carried out based on principles such as public right, prevention of waste, and priority of the needy. Also, in Iranian statutory law, laws and regulations related to the allocation of resources are carried out based on the supervision of the government and responsible institutions, with an emphasis on preventing discrimination and ensuring public interests. The research findings confirm that the application of jurisprudential principles to statutory law can lead to the formulation of more equitable policies in the exploitation of natural resources. In line with the research findings and results, it is recommended to strengthen transparency and oversight in the process of transferring natural resources, strengthen public responsibilities in Islamic jurisprudence, reform laws and regulations, and strengthen the jurisprudential dimension in executive processes.

Keywords

• Distributive justice
• allocation of natural resources
• Islamic jurisprudence
• Iranian statutory law
• public resources

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