استئذان الإمام في إحياء الأموات: مقارنة بين الفقه الإسلامي والقانون الأفغاني

Abstract EN

Almighty Allah SWT has blessed the Islamic world with natural talents, including the vast fertile lands that are suitable for agriculture with the least effort exerted to cultivate and exploit them, the rivers that are rich in fresh water suitable for irrigation, and the human element that is the largest means of reviving the dead, building the earth, and exploiting its wealth.

reviving the dead lands is a legitimate matter, which is indicated by the Qur’an and the Sunnah, the work of the caliphs of the rightly guards, the consensus of the Ummah, and the sayings of the jurists, and the positive legislation and contemporary regulations were adopted by it.

the opinions of the jurists varied regarding the requirement for the imam's permission to revive the dead.

some of them says that the ruler should seek permission and some of them prevented it.

Abu Hanifa went on to say that the permission of the imam is required for the reviver in order to establish ownership and arrange the legal effect, while the Malikis went to say in detail between the relative and the distant, and they stipulated the permission in the near to the Amer rather than the distant, and the Shafi'is, Hanbalis, Abu Yusuf and Muhammad Ibn al-Hasan from the Hanafiyya went on to say that the permission is not required from the ruler and proof of ownership without the permission of the ruler.

afghan laws admitted Imam Abu Hanifa's opinion in requiring the ruler's permission and acknowledging the ownership of the land of the dead on the condition of his permission.

because it is the general supervisor of Muslim funds, and to prevent conflict, competition, and quarrels among people when reviving, and this is consistent with the expansion of state powers, placing all non-owned lands at its disposal, and counting the dead land as the property of the state, and this is appropriate for my country, Afghanistan, where religion has weakened, and strife abounded.

conflict and corruption have increased, and anger and looting have spread, and it is most likely that disagreement and conflict will occur between people, and therefore the allocation of revival with the permission of the ruler cuts the conflict and achieves the interest and pays the corruption, which is the introduction of blocking the pretext.

despite this, the law in Afghanistan restricted the authority of the imam and his ability to give and own dead lands without compensation, and it gave him the right to sell and rent only.