Jurisprudential and Legal Analysis of Groundwater Extraction with Emphasis on Primary and Secondary Rulings

Abstract

Groundwater extraction, as one of the most important sources of potable, agricultural, and industrial water, plays a vital role in the economic and social life of arid and semi-arid Iran. However, excessive exploitation in recent decades has resulted in consequences such as declining aquifer levels, land subsidence, and environmental crises. These conditions reveal the necessity of re-examining the related jurisprudential and legal frameworks. The main objective of the present study is to analyze the jurisprudential and legal aspects of groundwater extraction, emphasizing primary rulings such as the principle of revival of dead land (ihya’) and the no-harm (la darar) rule, and secondary rulings under conditions of emergency and social necessity. The research method is descriptive–analytical and is based on library resources and legal documents. The findings indicate that Imami jurisprudence, by emphasizing justice, avoidance of harm, and the protection of public rights, requires sustainable use of water resources and, at the same time, allows the government—through secondary rulings—to impose restrictions on exploitation during critical periods. In addition, statutory laws of Iran, such as the “Fair Distribution of Water Act” and the “Environmental Protection and Enhancement Act,” provide the operational framework for equitable management and safeguarding of resources. The conclusion of the study suggests that the convergence of jurisprudence and law can serve as a solid foundation for effective policymaking in the sustainable management of groundwater. The study recommends revising water-related legislation, utilizing modern technologies, and promoting a culture of optimal water consumption.