The Right of the State in the mineral wealth

and contemporary practical study in the light of Shari’ah and Pakistani legal system

Abstract

The Qur’an and Prophetic Sunna’h includes social justice, taking into account all the rights. So, the Founder of a mineral has a particular right of mineral wealth or the treasure. In early Islamic era there was a special share of Bait-ul-Maal (Khums) taken from minerals and spend in the states’ activities. Muslim scholars have discussed how to collect, and where to spend this amount of government share. This paper deals with minerals as the provisions of Zakat or Khums. This share of minerals have a great role in the economy of the State.

In view of the technical development - technological advancement - reached by human beings, and their use in the extraction of mineral materials, may make laws (Pakistani) applied in this area, and most of these laws are contrary to the provisions derived from Qur’an and Sunnah, sometimes appears injustice by Governments by the unfair taxes or losses of mineral wealth. Therefore, the topic needs to be discussed as the comparison between Islamic jurisprudence and legal system of Pakistan.