Examining the Powers of the State and Islamic Governance in the Ownership of Oil Resources

Abstract

The ownership of oil resources is a fundamental issue in both Shiite jurisprudence and Iranian law, attracting significant attention. In Shiite jurisprudence, oil resources are classified as "Anfal" (public property), with ownership vested in the infallible Imam during his presence and, in his absence, in the jurist with authority (Wilayat al-Faqih). These resources must be managed in a way that ensures public benefit while preventing their depletion. In Iranian law, Article 45 of the Constitution explicitly places ownership of oil resources under the control of the Islamic government, and their exploitation should be overseen by the state for the benefit of public interests. This article examines the legal status of oil resource ownership in both Shiite jurisprudence and Iranian law, analyzing the challenges and opportunities surrounding this issue. One of the primary challenges is the conflict between public ownership and private ownership, especially when oil resources are privatized or contracted to private entities. Furthermore, the Islamic government must manage the exploitation of these resources in a fair and sustainable manner, ensuring that while current economic needs are met, the interests of future generations are also preserved. The article investigates the existing laws in Iran, the role of the government in resource exploitation, and the international trends in managing oil resources.