نوع مقاله : مقاله علمی پژوهشی
1 دانشیار گروه علوم قرآن و حدیث دانشگاه علوم اسلامی رضوی و مدرس درس خارج حوزه
2 طلبه سطح چهار و مدرس سطح یک حوزه علمیه خراسان
3 کارشناس ارشد علوم قرآن و حدیث. طلبه سطح چهار
عنوان مقاله [English]
Human beings today have a great place for their natural resources and environment. In Islamic jurisprudence, special rules have been set for natural resources such as pastures and forests. One of the important jurisprudential issues about forests and pastures is to study the possibility of endowment of these God-given riches. However, Islamic scholars have not opened an independent chapter on the endowment of these sources. Using bibliographic sources and descriptive, analytical and comparative methods, this study examines the reasons for the possibility of endowment of pastures and forests by individuals, legal entities and Islamic rulers in Imami and Hanafi jurisprudence - as the most popular public religion. Rational classification and comparison of the reasons for each of the aforementioned species provide the basis for the fatwa on the validity of the endowment of pastures and forests by these individuals in absolute or conditional terms and pave the way for the implementation of this type of endowment in society. According to the findings of this study, according to both religions, endowment of pastures and forests is permissible for natural persons if acquired. The endowment of these resources by the Islamic ruler and legal entities - of course with the permission of the ruler - is permissible in Imami jurisprudence, but in Hanafi jurisprudence this endowment by the above-mentioned individuals will not be permissible without acquiring ownership due to lack of primary ownership.