Guardianship Over Anfal During the Time of Absence from the Point of View of Ahl al-Bayt (PBUH) and Humanizing Laws

Author:
Abbas Jasim Mohammed AlKhashakhshi
Level:
Master
Field of study:
Low
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Abdullah Baharloui

Al-Anfal in general bears the status of public funds in Islamic countries, and the guardianship over the Anfal is God, His Messenger and the infallible Imams (may God’s prayers and peace be upon them). The legitimate legal rationale for this situation in this issue in the era of the absence of the imam, the legitimate disposer of these funds, where these issues were exposed in detail through the course of the research to come up with results that have their privacy and importance in addressing the issue of Anfal legally and with reference to some positive laws and their legalization of public funds in their countries Considering that these funds in terms of the legal dimension are from the Anfal and the effective exposure to the legitimate foundations and the extent to which they are legally benefited and the legal foundations and the extent to which they deviate from the legal frameworks, especially since there is a reference to the adoption of the issue of disposition and guardianship over the Anfal in the time of absence to the existing governments, but the extent to which this commitment has been achieved Governments with the legal frameworks of Anfal within their policies and laws regarding public funds. It is clear between the two dimensions of legality and positive law and its reflection on the greater beneficiary of these funds, which is predetermined in the noble verses and honorable hadiths. Backbiting has used the analytical approach that is compatible with the legal and legal structure in the era of backbiting, especially from the point of view of Ahl al-Bayt and positive law. Genesis is events. They are absolute in the right of God Almighty, being the first innovator, especially with the right of his righteous guardians whom he lined up and chose because they are entitled to them, and their occurrence through miracles or authorization does not deviate them from the extent that they do not fall into their hands except with the permission of Almighty God. The second mandate is the legislative where the main sources of legislation for God Almighty. And the Prophet (peace be upon him) and the infallible imams (may God’s prayers be upon them) and it is a longitudinal mandate, so whatever comes from them is issued About God Almighty that it is only a revelation revealed. And the third title of guardianship by desirability is a temporary authority to dispose of the affairs of those under guardianship. The money that falls under the title of Anfal is under the imam’s disposal. As for the man-made laws in Anfal, it is the public money that belongs to the state from the lands and their appurtenances and which are not considered the property of a person to others and the owners of these Anfal are both legally Or placing the person in charge of the judgment with the moral title and not the real title of the property. As for the man-made laws, it sees in the appropriate economic approach the state’s policy in its effect on the disposal of what falls under the title of Anfal and is given the title of public property. Man-made laws govern the matter.