Abstract

Earth is a divine blessing and many human needs are provided by the earth, the land in religious jurisprudence is twofold: Bayer and non-Bayer, Undoubtedly, the land of Bayer or Mavat is a part of Anfals and its owner is the immaculate Imam, But there is a controversy among the jurisprudents regarding the ownership of non-Bayer land (habitable), Most of the faqihs believe that the owner of these lands is the immaculate Imam, And some believe that the owner of these lands not the immaculate Imam, Therefore, at the time of his absence, the supreme ruler has no rights to it, The most important reason for believing in the ownership of the infallible Imam on earth is the transfer of ownership of such land to Anfal, And there is no doubt that Anfal is dedicated to the immaculate imam, On the other hand, at the time of the absence, since the supreme leader is the imam’s representative and has the same responsibility and authority as the imam and one of the responsibilities is governing and using the Anfal that is why we conclude that these kind of properties belong to the ruler of the Islamic society, The most important effect of this view shows itself in the place where the Islamic state is situated at, and it doesn’t allow other Muslims free reign over the habitable lands, because personal and selfish actions revolve around profiting and greed.