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Associate Professor, Faculty of Islamic Studies and Law, Imam Sadiq University (AS)
Abstract
Based on Article 45 of the Constitution, public waters are considered part of the Anfal, but according to the opinion of the jurists of the Guardian Council that it is against Sharia to count the waters as Anfal, Article (1) of the Law on the Equitable Distribution of Water is set in such a way that public waters are considered part of the commons. he does. On the other hand, the examination of the opinions of jurists and different jurisprudential approaches in the field of the nature of public waters shows that it is possible to pursue different approaches to the exploitation of public waters based on considering public waters as part of public waters. According to the legal status of irrigation rights, the question arises as to what is the optimal jurisprudential approach in the challenges of using rights in public waters. The findings of this research with a descriptive-analytical approach from the base of reference to library sources showed that there are the necessary jurisprudential foundations to consider public waters as enfal, but considering public waters as part of the public commons, as well as the state of their being enfal, the legal confrontation with the rights in Cases such as the definition of the right to irrigation or the legal effects of the reduction of traditional rights by the government in order to modify the pattern of water consumption in the laws of the five-year development plans, should not be based on the argumentative approach of considering public waters, which allows any amount of private ownership in public waters.
