One of the issues in the field of water ownership is water rights, the incomplete understanding of which may give rise to disputes over water resources. we first addresses the definition of water rights and its legal status and then examines its position within the Iranian legal system. The rights of individuals over surface and ground water resources are examined for the perspective of Iranian legislation and Islamic jurisprudence both prior to enactment of the water laws of 1968 and 1982. Prior to the enactment of water laws, ownership of water resources was governed by the Iranian Civil Code. Following the enactment of these laws, the rights of individuals over surface water and groundwater resources were definitively recognized. Where water rights are diminished as a result of governmental measures, the State is obligated to compensate the affected right holders or pay damages. Furthermore, the responsibility for the protection of and supervision over the exploitation of surface water and groundwater resources has been entrusted to the State. The State's legal obligation to compensate individuals for damages caused to them indicates the statutory recognition of the proprietary rights of water-rights holders. The jurisprudential opinions of Imam Khomeini and other prominent Shi'a religious authorities and jurists have likewise been presented in support of the view that water resources belonging to individuals fall outside the scope of Anfal. All of these opinions expressly affirm the rights of right holders over surface water and groundwater resources.
Ziaei, L., & Mirmohammad sadeghi, M. (2026). Investigation of ownership of surface and ground water from the perspective of Islamic jurisprudence and laws. Water and Electricity Law, (), 1-15. https://doi.org/10.30503/ewl.2026.519602.1033
MLA
Ziaei, L., & Mirmohammad sadeghi, M. "Investigation of ownership of surface and ground water from the perspective of Islamic jurisprudence and laws", Water and Electricity Law, , 2026, 1-15. doi: 10.30503/ewl.2026.519602.1033
HARVARD
Ziaei L., Mirmohammad sadeghi M. (2026). 'Investigation of ownership of surface and ground water from the perspective of Islamic jurisprudence and laws', Water and Electricity Law, (), pp. 1-15. doi: 10.30503/ewl.2026.519602.1033
CHICAGO
L. Ziaei & M. Mirmohammad sadeghi, "Investigation of ownership of surface and ground water from the perspective of Islamic jurisprudence and laws," Water and Electricity Law, (2026): 1-15, doi: 10.30503/ewl.2026.519602.1033
VANCOUVER
Ziaei L., Mirmohammad sadeghi M. Investigation of ownership of surface and ground water from the perspective of Islamic jurisprudence and laws. Water and Electricity Law. 2026;():1-15 (In Persian). doi: 10.30503/ewl.2026.519602.1033