بررسی ماهیت اموال امام از جهت ملکیت شخص حقیقی یا حقوقی امام با تأکید بر نظریة «تأمین مالی تأمین اجتماعی از انفالِ» شهید صدر

From the perspective of Martyr Sadr, one of the fundamental pillars of Islamic economics is “social justice,” which manifests in the wealth distribution system. Emphasizing the role of the Islamic state in providing social security for the weak and needy, he considers Anfal as one of the main sources for funding this obligation. Martyr Sadr has proposed his theory on financing social security in conjunction with his theory on the ownership of Anfal by the legitimate Islamic state as the legal entity of the Imam. In this framework, the primary objective of this research is to examine the nature of the Imam’s ownership of Anfal and its relationship with Martyr Sadr’s theory on financing social security. The two main questions are: 1) “Is Anfal the property of the Imam as a natural person or as a legal entity?” and 2) “Is the acceptance of Martyr Sadr’s theory dependent on the assumption of the Imam’s ownership as a legal entity?” The findings of the study show that although the prevailing view among scholars regarding ownership by the Imam as a natural person seems correct, according to the narrations of “Tahlil al-Anfal” (permissibility of Anfal), accepting the principle of Wilayat al-Faqih (Guardianship of the Islamic Jurist) -even within the scope of Hisbah affairs- is sufficient to prioritize the use of Anfal for social security needs. Therefore, Martyr Sadr’s theory can be considered a legitimate basis for economic policy-making within the Islamic system.