The Secretary of the Guardian Council posed this query:" Do oil fields, like the land in which they are located, belong to the land owner or are they considered as booties? In case of disobey, is it permissible to occupy the lands in order to exploit the mines or not?" In reply, Imam Khomeini wrote:
In the Name of God, the Compassionate, the Merciful
The Eminent Jurists and Hujjat al-Islams of the Guardian Council- may their graces last,
After extending greetings and salutations, the main question concerning the basis of the depth of the ground and extent of the airspace in relation to private properties is determined by the common law. For example, if someone passes by or occupies an area outside the private or endowed land of someone or digs an underground canal beneath his property, the owner of the house and land or the custodian cannot lay any claim. Similarly, if someone builds something above the common height or passes therein, none of the owners or custodians has any right to stop him.
And finally, the basis of personal land is the common law, and new conditions can never change the definition of what is" common law". But the extent of country is so vast and the government has the right to prevent the occupation of person or persons beyond his or their usual right.
Therefore, oil, gas and mines beyond the usual limit of one's properties cannot be owned by him.
But if we assume, mines, oil and gas are within the limit of private properties- an unreal assumption- since these mines are national and belong to the present and future generations, they are excluded from the private properties and the Islamic state can exploit them, but has to pay the amount of the private properties or rental of the occupied land like other lands without computation of the mines. And the owner cannot prevent this affair.
May you be successful and triumphant. May peace be upon you.
Rouhullah al-Mousawi al-Khomeini
2,1366 AHS