According to the Site of the Research Institute of Contemporary Jurisprudence Studies, the scholarly session of the Natural Resources and Environment Jurisprudence Group titled “Surface Waters Ownership; Critique of Jurists’ Famous View” was held on Tuesday evening, November 4, 2025, at the Institute’s location.
In this session, Hujjat al-Islam wal-Muslimeen Dr. Yaqub Ali Borji, member of the scholarly council of the Natural Resources and Environment Jurisprudence Group as the presenter, and Hujjat al-Islam wal-Muslimeen Seyed Hamid Joshaghani as the session secretary were present.
At the beginning of the session, Hujjat al-Islam wal-Muslimeen Seyed Hamid Joshaghani, offering condolences for the Fatimiyya days and commemorating the 13th of Aban day, announced the holding of the second scholarly session of the year of the Natural Resources and Environment Jurisprudence Group with the presence of Dr. Borji and centered on the topic “surface waters ownership” and expressed hope that these discussions help in explaining Islamic jurisprudence’s view on natural resources.
Then Hujjat al-Islam wal-Muslimeen Borji began his speech by referring to the increasing importance of the water issue following recent droughts and reduction of underground resources, emphasizing that jurisprudential discussions can clarify humans’ religious and ethical duties toward this divine blessing and help promote the culture of responsible water consumption.
The member of the scholarly council of the Natural Resources and Environment Jurisprudence Group of the Research Institute of Contemporary Jurisprudence Studies, stating that famous jurists consider surface waters from “commons,” added: “In this research, we have actually critiqued the famous view and believe these waters are not commons, but anfal and placed at the disposal of the Islamic government. Therefore, the government can dispose and manage them in proportion to society’s interests.”
According to Dr. Borji, Shiite jurists from the era of Shaykh Tusi to late ones like Imam Khomeini, Ayatollah Fazel Lankarani, and Ayatollah Makarem Shirazi have mostly stipulated the public commonality of surface waters. He in continuation, to explain the foundations of his view, presented a history of water discussions in jurisprudence and by referring to extensive examination of jurisprudential sources from the era of Shaykh Mufid to today, explained that the first detailed classification about water was presented by Shaykh Tusi in the book Al-Mabsut and divided waters into three categories: owned, permissible, and disputed.
The member of the scholarly council of the Natural Resources and Environment Jurisprudence Group of the Research Institute of Contemporary Jurisprudence Studies in continuation, stating that there is no need to go through three stages of examination, clarified: initial narrations that indicate the commonality of public waters among people face problems in terms of document and implication and do not have the ability to oppose anfal evidence.
Hujjat al-Islam wal-Muslimeen Borji added: Before reaching preferents, it is necessary to examine three categories of narrations in this field so that it becomes clear in which section the claim is proven. According to him, the government from primary rulings does not have the right to dispose in public properties, but from governmental ruling can intervene in personal or public properties in case of necessity; with this difference that if the case is among anfal examples, there is no longer need for governmental ruling, because primary rulings themselves prove the Imam’s ownership.
The presenter, referring to the difference between “commons” and “permissibles,” explained that commons are divided into two sections: common interests (like mosque and road) and common permissibles (like water and pasture) that are capturable and ownable. Therefore, public waters are placed in the category of common permissibles, although in the speech of some jurists the expression “commons” has been used for both.
He then referred to three categories of narrations indicating anfal and said: In the first category narrations, like “sahihah Hafs Bukhtari,” it is stated that Gabriel made five rivers flow and said: Whatever is irrigated or taken from them is for the Imam and the seas that surround the earth are also for the Imam. This narration with correct document and without ambiguity proves the Imam’s ownership over surface waters, because creating these resources has not been by human hand and is considered anfal.
In the second category, narrations like “al-ard wa ma fiha lana” exist that indicate the earth and whatever is in it is for the Imam; therefore public waters are also a clear example of it. In the third category also narrations have come that show the Prophet (peace be upon him) disposed and managed public water resources and for this reason the government has guardianship in allocating and exploiting waters.
In summary, he emphasized that evidence related to the commonality of public waters are not valid in terms of document and in case of conflict, anfal evidence have more credibility and priority.
Dr. Borji noted: “When we say the earth and whatever is in it is for the Imam, public waters are also a clear example of it; because their digging and creation has not been by people’s hand and are considered anfal.”
Hujjat al-Islam wal-Muslimeen Borji, citing the verse “Indeed the earth belongs to God…” and valid anfal narrations, concluded that the real ownership of earth and natural resources belongs to God and is placed at the disposal of the Imam and Islamic government. He, by weakening the credibility of narrations related to the commonality of waters, emphasized that public waters due to their natural and non-human origin are among anfal examples and the Islamic government has the right to manage and allocate them.
In the final section of the session, attendees raised questions about the limits of governmental ruling in water resources ownership, the criterion for recognizing anfal and expanding its examples in the new era. The presenter in response explained that any resource whose creation is not attributed to human, like underground waters, is in the ruling of anfal and at the disposal of the Islamic government. He also emphasized that in cases where religious text proves the Imam’s ownership, people’s disposal is conditional on government’s permission and exploitation of natural resources must be done within the framework of public interests and observing justice among generations.