جريمة الغصب و التعدي على ملكيات الأراضي في الأندلس خلال القرن [6هـ 12م] بين التحريم الشرعي و الواقع التاريخي

الملخص EN

The real estate system is considered one of the most important economic and social systems in the history of the Islamic West during the medieval era, which is confirmed by the large number of juristic and historical problems raised on this topic.

One of the regions which witnessed ambiguity in its real estate system in general and the land ownership system in particular, is "Andalusia", thise latter has witnessed a group of fluctuations and disturbances that occurred during the century [6 AH / 12AD].

Exactly in the transitional period between the Almoravid and Almohad eras, during this period, security and stability were shaken, and this, in turn, led to the spread of many crimes, among which was the phenomenon of usurpation and infringement of land ownership.

Therefore, we decided to delve into this important topic, by making a comparison between the legal methods for the acquisition of land properties, and what is in the property system on the Andalusian historical stage.

We also aim, through this study, to analyze and explain the most important reasons that led to the spread of the crime of usurpation and infringement on land ownership, with knowledge of the most important consequences and effects of this phenomenon on the land ownership system in Andalusia.

Through as a conclusion of this research paper, we concluded a set of important results, the most important was an attempt to decipher one of the core issues within the series of land and agricultural issues in Andalusia during the century [6 AH / 12AD], namely the issue of the system of land ownership and the forms and methods of acquisition and ownership of land.

In addition, we also conclude that the legal theorizing of real estate matters decided by the fiery texts that accompanied these events and facts helps the historical researcher to know the various violations and violations that the land ownership system was witnessing in Andalusia during that period.