The mines ownership is one of the important issues, which is referred to as ‘public ownership’. Initially, regarding the ‘Oula’ (fortiori) principle, it seems that the existence of the mines in people’s properties makes the mines private property. However, with recognition of the ownership reasons, verdicts, and principles, it can be concluded that the ownership of mines is a type of public ownership. The requirement of the public ownership is the manipulations in the mines that should be done both with the permission of the Islamic state and in line with communal interests and social benefits. The current study, through extensive comparative analyses in the area of Islamic jurisprudence and law (with the emphasis on the Hanafi and Jafari jurisprudence and the laws of Islamic Republic of Iran and Afghanistan) has concluded that the ownership of the mines, even if they are placed in private properties, is of public ownership type. Our reason is the narratives on Anfal (spoils) of the mines. From the narratives, It is inferred that the mines are among the public properties and their ownership is also public, and the jurisprudence and legal principles such as the ‘Aham va Mohim’ (importance) principle and priority of what is more important over what is important also confirms such idea. In order to prevent distortion in the social order and society discipline, The Islamic State, through acquisition of the private property in a good expense, proioritizes the public ownership and protects the societys’ rights (through exploitation of the mines and using the products for the social interest).
