عنوان مقاله [English]
Nowadays, considering the growth of population the need for land has become one of the common concerns; therefore, jurisprudential investigation of the dead lands seems necessary. Since the rules, conditions, similarities, and differences of dead lands have not been systematically described in both Shi'ite and Sunni jurisprudence, this study, using a descriptive-analytical method, tries to achieve proximity of opinions of five Islamic religions (mazaheb khamsa). The results indicate that according to the jurisprudents of five Islamic religions dead lands refer to the lands that will not yield a profit. To take possession of dead lands Imamiyya, Hanafiyya and Malekiyya jurisprudents hold that it is necessary to take permission of Imam. Meanwhile Imamiyya jurisprudents have proposed two different theories: The first theory states that one can obtain the right to exploit the land and to pay the tax, and the other states that one can obtain the right of property and take possession of the land. Imamiyya and Sunni jurisprudents have also the same opinions regarding the quality and conditions of recultivation of dead lands.