Position of Derelicts in the Governmental Fiqh of Islam

This article aims to explain as much as possible the views of ShiÝah scholars on the governmental fiqh of Islam and its role in the increase in the financial security in society drawing upon rational and textual arguments. It also makes a comparison between the views of faqihs and the current views in the legal system of other countries making some critical remarks on the legal nature of derelicts and the extent to which each country is capable of running the society in a just manner. From among the hypotheses proposed, the first hypothesis takes precedence over other hypotheses in that, on the one hand, it promotes the efficiency of fiqh in general and of governmental fiqh of Islam in particular, and it is more consistent and in accord with what the early Muslim jurists stated in this regard on the other. And thirdly, it bears similarity to the positive laws of the countries of the world. The hypothesis in question also recognizes abandonment (iÝraÃ) as a factor which brings about the break in the relationship between the ownership of property and the one who owns the property in case a Muslim ruler recognizes it as relevant and as being to the interests of the public.