Note: Hujjat al-Islam wal-Muslimeen Dr. Saeed Farahani Fard, although more famous for economics, has been teaching and researching in the field of natural resources for years. The Dean of the Faculty of Economic and Administrative Sciences at the University of Qom, whose doctoral dissertation title was “Compatibility of Natural Resource Exploitation with Sustainable Development in Islam,” has authored several books and articles in the field of natural resources, among which are the books Environmental and Natural Resource Economics and Economics of Natural Resources from the Perspective of Islam (Principles and Foundations). We discussed the quiddity and headings of Natural Resources Jurisprudence (Fiqh-e Manabe’ Tabi’i) with him. After precisely explaining natural resources, he recounted the proposed headings and the most important issues of Natural Resources Jurisprudence. The detailed exclusive interview of Contemporary Jurisprudence with this member of the Scientific Council of the Environment and Natural Resources Jurisprudence Group at the Research Institute for Contemporary Jurisprudence Studies follows below:
Contemporary Jurisprudence: What is meant by Natural Resources, and what subjects does it include?
Farahani Fard: Natural resources are resources that have been bestowed upon humanity by God, and humans have had no intervention in creating them. These resources are divided into two categories: depletable and renewable.
Depletable natural resources are resources that finish upon extraction and usage and do not have the capability of renewability. Prominent examples of these resources are oil, gas, gold, silver, iron mines, etc. These resources are themselves divided into two categories: fossil or energy-generating resources, and durable resources.
The characteristic of fossil resources, which are also referred to as energy-supplying resources, is that they are depletable and come to an end after some time, such as oil, gas, coal, etc.; in addition to the fact that they finish upon consumption, like gasoline which combusts in a car and finishes; contrary to durable resources whose source, although non-renewable, the mineral materials themselves do not finish upon consumption, such as gold and silver mines, etc.
These resources are also divided into two categories: completely durable, like gold and silver, and relatively durable, like iron and copper.
Renewable resources are resources that, if exploited correctly, have the capability of being constantly exploited, such as aquatic life and forests.
Contemporary Jurisprudence: Does “Resources” in “Natural Resources” mean “Energy Resources”? In other words, what is the genitive (Muzaf Ilayh) of “Resources”? What is the precise difference between “Natural Resources” and “Environment”?
Farahani Fard: As we pointed out in the classification of natural resources, energy-generating resources are one division of natural resources; for example, land, pasture, gold, silver, and metals are also counted among natural resources but do not produce energy.
Contemporary Jurisprudence: Can it be said that the difference between “Natural Resources” and matters like “Energy,” “Environment,” etc., is aspectual (Haysi) and not essential (Mahavi); meaning that if the aspect is the object being a natural source, it falls under natural resources, and if the aspect of its usage as energy is intended, it is discussed as energy, and if…?
Farahani Fard: The environment, as its name suggests, is the place of human living, in which, of course, natural resources are also located. Some natural resources are called environmental resources, such as natural landscapes. Also, since excessive use of natural resources destroys the environment, many books examine natural resources and the environment together. Being energy-generating is among the properties of some resources; for example, oil, gas, coal, and uranium are instances of natural resources, but one of their advantages is their energy-generating nature.
Contemporary Jurisprudence: What are the headings and most important issues raised in Natural Resources Jurisprudence?
Farahani Fard: Natural Resources Jurisprudence can be categorized into headings as follows, and issues can be placed under these headings:
A: Subject-Identification (Mowzu-shenasi) of Natural Resources
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Definition and Quiddity;
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Anfal (spoils of war/public wealth) and Natural Resources;
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Commonalties (Mushtarakat) and Permissibles (Mubahat) and their relationship with Natural Resources;
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Classification of Resources.
B: Instance-Identification (Misdaq-shenasi) of Natural Resources
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Emerging energy cases such as solar and geothermal energy;
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Information, money, etc.
C: Ruling-Identification (Hukm-shenasi) of Natural Resources
The most important issues of this jurisprudential chapter are:
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Foundations (Foundations of jurisprudential deduction with a System Jurisprudence (Fiqh-e Nezam) perspective);
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Ownership of Natural Resources (Ownership of the Imam, ownership of Muslims, public ownership, general permissibles);
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Ownership in the Age of Presence and Occultation (Ghaybat) of the Imam, personal ownership or position-based ownership (Mansab);
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Exploitation of Natural Resources and its Conditions;
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Exploitation by the Islamic State Itself;
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People’s Interaction with the State in Exploiting Natural Resources;
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Partnership, Lease, Transfer (Vagozari), Revitalization (Ihya), Land Grant (Iqta’), etc.;
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Conditionality of the Imam’s Permission in Exploitation;
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Detailing between the Time of Presence and Occultation;
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Exploitation at the Time of the Formation of the Islamic Government (Just Jurist);
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Receiving Exploitation Rights (Tax, Land Tax (Kharaj), Rent, Khums, etc.);
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Criteria Governing the Exploitation of Anfal;
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The Desired Model of Ownership and Exploitation of Natural Resources.
D: Economics of Natural Resources
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Revenues Derived from Natural Resources;
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Revenue derived from direct state exploitation;
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Revenue derived from the sale of mineral products and their derivatives;
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Revenue derived from the sale of services (tourism services);
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Revenue derived from popular (private) exploitation;
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Tax;
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Rent;
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Profit from partnership with people;
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Revenue derived from providing subsequent services to economic activists;
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Cases of Consumption of Revenue Derived from Natural Resources;
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Public services;
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Supportive aids;
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Preservation and restoration of natural resources;
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Challenges and Issues;
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Introducing the Desired Model of Natural Resources Economics.