VIEWS OF IMAMIYYAH SCHOLARS ON STATE OWNERSHIP

Abstract

In this study, the researcher deals with (the views of Imamiyya scholars in the ownership of the state), which aims first: to indicate the evidence of those who said from Imamiyya scholars that the state does not own the funds it possesses, and that they are what is called (the unknown owner), according to the denial of the human personality of the state, and this saying is famous among jurists, and they also said that these funds are disposed of according to the provisions of the unknown owner prescribed in the books of jurisprudence, that they must be charity, or taken as a gift by the legitimate ruler, and the like provisions. On the other hand, we find that there are those who said the ownership of the state and proved the human personality of the state, and therefore that the funds in the possession of the state are not from the unknown owner, but are funds whose owner cannot be accessed for several reasons, so the state is one of the custodians of these funds, whether this state is legitimate or illegitimate, and it is the most common in Islamic countries, as well as non-Islamic, and each of the disputing parties has relied on several evidence that the researcher tries to review and discusses and any evidence accepted, and any other evidence to reach the desired result of the study.