الوظيفة الاجتماعية و الاقتصادية للملكية الخاصة : في ضوء الشريعة الإسلامية و القانون

الملخص EN

Ownership is considered one of the sacred rights that are respected by the divine laws and man-made laws, because it represents a relationship between man and the thing owned, whether it is transferred or real estate.

It is considered a reflection of the prevailing system in any country.

If the powers of the owner expand on the largest scale and the individual ownership is sanctified at the expense of collective ownership, we are in front of a capital system, and whenever the powers of the owner are characterized by some kind of restrictions, we move to a socialist system, but if the ownership is in a middle position between two previous systems We were facing an Islamic regime that recognized and restricted private and collective property, One type of ownership is not based on the expense of the other, but takes into account the rights of owners as well as the interest of society through ownership, given the restrictions imposed on ownership as such, or on the powers of the owner, and avoiding harm to the owner or others.

In the Islamic Sharia there are provisions related to ownership, whether through the revival of the dead land, or through intercession, and the restriction of the right of superiority and the right of downfall and the imposition of a set of restrictions, either to achieve the primary interest and consideration, or in order to achieve the public interest.

The recognition of property and the regulation of its provisions by Islamic law or man-made laws highlight the status of ownership at all levels, especially the social and economic role.

So this ownership must be restricted in consideration of the private or collective interest in order to achieve these various functions of ownership.