Ownership of Water Resources in Islam and Its Application in Iran

Abstract

Water is one of the most valuable elements in the environment. The fundamental role of water in sustaining human life, the formation of nature and vegetation, the emergence and development of life, has long been a focal point in the scientific theories of scholars. In Islam, water is so highly valued that the Holy Qur'an refers to it as the "source of life for all living beings." One of the crucial and examinable aspects of water resources is their ownership. The present study, conducted using a descriptive-analytical method, addresses the importance of this issue by exploring the ownership of water resources in Islam and their application in Iran. By tracing this topic in Islamic teachings and legal regulations concerning water resources, the study initially examines the legal nature of water resources and their transition from res nullius (unowned property) to public ownership. Furthermore, the distinction between anfal (Islamic public property) and musha'at (common property) is clarified. The study also critiques the current water-related laws in Iran and proposes practical solutions to address ownership issues in this domain.