جایگاه قاعده حیازت در نظام اقتصادی اسلام

Natural resources, as a pivotal factor in the economic development of nations, hold a paramount place in the formulation of macroeconomic strategies. The modalities of ownership and exploitation of these resources constitute fundamental issues within any economic system. In the Islamic economic system, appropriation (ḥiyāzah) is recognized as a legitimate means of acquiring ownership of certain natural resources. Examining the jurisprudential conditions for establishing ownership through appropriation, and its interplay with core economic concepts such as property regimes, economic freedom, and social justice, is essential for clarifying the theoretical foundations of the Islamic economic system.
The present study, by investigating the definition, evidence, and constitutive elements of the rule of appropriation in Islamic jurisprudence, concludes that the Islamic framework regarding natural resources strikes a balance. While granting individuals circumscribed freedom to acquire ownership through productive labor, it simultaneously empowers the Islamic state to oversee individual appropriation, directly exploit strategic resources, and regulate distribution. These interventions are designed to prevent monopolization and social inequality, ensuring that the exploitation of natural resources aligns with the broader objectives of distributive justice.