Document Type : Analytical note
Authors
1 Gozin Sazeh Toos Consulting Engineers Co.
2 Assistant Professor, Department of Education, Faculty of Theology, Ferdowsi University of Mashhad, Mashhad, Iran.
Abstract
This article examines the jurisprudential and legal foundations of water ownership in Iran, combining perspectives from Islamic jurisprudence and Iranian statutory law. Drawing on Qur’anic verses, Hadiths, and established jurisprudential principles, it categorizes water into Anfal (divine property), public commons, and general mubah (permissible) resources, analyzing their differences in terms of possession, ownership, and use rights. The study further explores the concept of water rights (haqq al-ma’) and the relevant jurisprudential principles, including La Darar (no harm), Taslit (authority over property), Ihya’ (revival), and Asbaqiyyah (priority), showing how these principles guide equitable and lawful water utilization. Findings indicate that most Islamic jurists consider water a public resource accessible to all, unless it is legitimately claimed through development or possession. From a legal perspective, the article traces the evolution of Iran’s water laws from the 1928 Civil Code to the 1982 Fair Water Distribution Law, emphasizing the regulatory role of the Islamic government in managing water resources. Finally, the authors propose recognizing all public waters as Anfal, providing a coherent jurisprudential framework that can support sustainable management, reduce conflicts between legal and religious norms, and ensure equitable access for all users.
Keywords
- Ownership of Water
- Water Rights and Usage Entitlements
- Jurisprudential and Legal Foundations of Water Resources
Main Subjects
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