حق التصرف في الأراضي غير المملوكة في الشريعة الإسلامية و القوانين الوضعية

الملخص EN

The current study deals with the right of behaving in non-owned land within Islamic and mundane Laws.

The study explores the case of land possession in association with the Islamic religion.

Thus the history of land in Islam is related to the history of Islamic conquests.

Muslims controlled wide land and many countries and this resulted in new situations.

That instigated them to sell new legislations.

Khalifa Omar ordained his historic decree and aimed at preventing the phenomenon of distributing conquest lands among conquered by force.

Instead, he called for keeping such lands in their owners hands in returen for some tribute paid for the central Islamic Treasury.

This decree remained valid till mid the 19th century when the Othman state issued in 1858 the Law of land.

The decree stipulated that all Land should be in the sultans hand and owners have the right to behave in it.