Document Type : Original Article
Authors
1
Department of Public Law, CT.C. Branch , Islamic Azad University, Tehran, Iran.
2
Assistant Professor, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.(Author )
Abstract
The system of ownership and exploitation of mineral resources, due to their essential role in economic development and their connection with various industrial sectors, has always been a subject of significant debate. The present research, written in a descriptive–analytical manner, aims to provide a comprehensive analysis of the system governing the ownership and exploitation of mines in Iran within the framework of existing laws and regulations. In Imami jurisprudence, various perspectives have been offered regarding the nature of mine ownership. Some scholars consider mines as part of anfāl (public wealth), placing their ownership under the authority of the Prophet Muhammad (PBUH) and the infallible Imams (AS). Others classify them as mubāḥāt (publicly accessible resources) belonging collectively to the people, while another group views the ownership of mines as dependent on the ownership of the land in which they are located.In Iran’s legal system, Articles 44 and 45 of the Constitution establish the main framework of public ownership over mines. According to Article 45, mines are part of anfāl and public wealth, and are therefore under the authority of the Islamic government. However, Article 44 and the laws enacted for its implementation allow for the delegation of activities related to the exploration and exploitation of mines except for large and strategic resources such as oil and radioactive materials to the private sector. The Civil Code, by recognizing the principle that mines follow the ownership of the land, further defines the legal criteria for ownership.The findings of this research indicate that Iranian law, inspired by the principles of Imami jurisprudence, adopts a model of “public ownership combined with the possibility of delegated exploitation.” Under this model, ownership remains with the Islamic state, while mechanisms for exploration and exploitation may be transferred to the private sector in a limited, regulated, and supervised manner.
Keywords