Ownership of Metals in the Islamic Jurisprudence

Authors : Ahmet ELSAADİ

Pages : 119-138

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Publication Date : 2011-04-01

Article Type : Conference Paper

Abstract :According to most of the Maliki Doctrine, metals are owned by the state. This is closer to the right because it agrees with the general instructions of Islam and it depends on the public benefit that does not disagree with any text or stand against an Islamic principle. This decision that most of the Maliki agrees with does not mean , in anyway, that the State or the Sultan has the right to nationalize people’s properties or eat it up unjustly. Rather it means, just as the Malikia says, these metal items are not parts of the earth on one hand and it is a benefit proved to be for public domain on the other hand. This does not allow anybody to eat up people’s properties unjustified in anyway and the Sharia rules oblige the ruler to offset those in whose lands metals have been discovered because it is a right that no Muslim would ever debate.
Keywords : ownership of metals, Sharia, Maliki