Abstract

In Islam, land ownership has become a matter of great concern, because many of the human necessities are provided through land, Agricultural products, pastures, mines, seas, housing, and other things that necessitates humans to own land and to properly use it, The land in Imamieh jurisprudence is twofold: fertile land and non-fertile land (bayer), and each of them has two types of history of ownership, either it was previously owned or not, According to the Shi'a jurisprudents, the lands that don’t have an owner, whether they are fertile or not, their owner in the time of presence is the immaculate imam and in the time of absence two views exist between religious jurisprudents, one is that the valy-e faqih has jurisdiction over said land and the second one is that all the Shi’a’s are allowed to use the land as they see fit, In this article, we will try to examine the domain of arid land ownership by Islamic government, Since the most important reason for the immaculate Imams' ownership of arid lands is the transfer of Anfal(lands without ownership) to them, first the ruling of the anfal is examined and with the proving of representation of the immaculate imam by the religious jurisprudent, we prove the validity of the religious jurisprudent’s decree over the lands.