Investigating the difference in the nature of Imam's property and Muslim property with emphasis on the theory of "financing social security from the Anfal" of Martyr Sadr

Introduction and Objectives

From the perspective of Shahid Sadr, one of the three pillars of Islamic economics is "social justice", which has been crystallized in the form of a system of wealth distribution in the Islamic society.

He believes that Islam obliges the state to fully guarantee the livelihood of the members of society, but since the ability of all members of society is not the same, the state, by providing those who have the opportunity to work, enables them to secure their livelihood and participate in fruitful economic activities by providing them with the means of work; however, the duty of "social security" of the state concerns those who cannot meet their needs through work and effort or who have the ability to work but the state, due to its special and exceptional circumstances, has not been able to create work opportunities for them.

But the main subject of this research is the financial resources of social security, which is one of the main challenges in implementing social security and is often provided from the source of "general taxes", "insurance premiums" and "investment returns". However, according to Martyr Sadr, Islam considers one of the main functions of "Anfal" to be financing social security, and the verse "Fa" is the clearest religious evidence that expresses this point.

Although this theory of Martyr Sadr has a solid argumentative support, in order to present it coherently in Martyr Sadr's intellectual system and prove it in scientific communities, it is necessary to respond to some of the theoretical challenges that appear in this field; further explanation:

Martyr Sadr's view on the issue of "ownership from the perspective of Islam" is that Islam considers "private ownership, public ownership and state ownership (Imam)" to be the three main types of ownership; Although he believes that the state and the nation have a single social content, he considers them to be two different legal forms, one of the reflections of their difference being that the ruler has the duty to spend the wealth that is the common property of the entire nation to meet the needs of the community and does not have the right to use this property for the service of a part of them - even the weak and needy - unlike the state property, which, at the discretion of the religious ruler, can only be allocated to a specific part of society.

In view of this difference, Martyr Sadr is well aware that the theory of "financing social security through Anfal" can only be proposed if Anfal is the property of the Imam of the Ummah, because if it is the public property of the Ummah, its use cannot be allocated to the weak and needy, but rather it must be spent on expenses that benefit the entire Ummah, especially since the current credit limits between Islamic countries lack any signature and approval of Sharia, and spending the Anfal available in the geography of an Islamic state in line with the interests of the entire Islamic Ummah is practically impossible and very unprofitable; therefore, a current Islamic state can only benefit from Anfal as an efficient financial source for the social security of the weak and needy living in its territory if it has the right to prohibit other members of the Ummah from these resources based on rational expediency.

This is while the theory of denying "state ownership" in the context of "public ownership" has recently been proposed and has some supporters; According to him, all the properties that are considered the property of the Imam in the evidence are in fact public wealth with the same uses as the properties that are introduced as the property of Muslims; it is clear that this issue can have various consequences in jurisprudence and, including in the intellectual system of Martyr Sadr, it can be a major obstacle to proving his theory on financing social security through Anfal.

Therefore, the main goal of this article is to evaluate the correctness or incorrectness of Martyr Sadr's theory on financing social security through Anfal based on the jurisprudential premise of ownership by the Imam and not by Muslims, and to examine the evidence presented for the unity of their nature.

Research Method

The method of this research is qualitative and analytical-critical data processing has been carried out with respect to the evidence of the theory of the unity of the Imam and the Ummah, which was collected through library resources, as well as the transmission-revelation data collected through computer systems and scientific software, has been examined in an ijtihadist manner and with a descriptive-analytical method.

Findings

1. Although the Imam's property, according to its interpretation as the property of the Imamate office, has the same social content as the property of Muslims, they are two different legislative formats, the difference of which is reflected in cases such as the necessity of spending Muslims' property for their general interests.

2. This point can pave the way for the benefit of Anfal for the social security of the needy and the disabled, because the verse of Fa - which, from the perspective of martyr Sadr, states the general uses of Anfal - has specified its spending on the needs of orphans, landowners, and travelers.

3. The appearance of the evidence that some properties are considered the property of the Imam and some are the property of the Muslims is the difference in the nature of these two properties, as the evidence that explains the analysis of Anfal for the Shiites also has such an appearance.

4. None of the evidence presented for the unity of the nature of the property of the Imam and the property of the Muslims is sufficiently convincing.

Discussion and Conclusion

Although the theory of financing social security through Anfal, which was proposed by Martyr Sadr, has a solid scientific support, its acceptance in scientific communities as a prelude to legislation based on it requires the proof of some prerequisites