تسجيل المعاملات غير المنقولة في القانون الإسلامي و القانون الألماني

الملخص EN

In German civil law, the transfer of property in immovable transactions without formal registration is not recognized by the legislature, and the ordinary document cannot be invoked in the transfer of immovable property and is not relevant.

in Islamic law, according to the verses of the Qur'an, especially verse 282 of Surat al-Baqarah, it is necessary to record transactions.

however, it does not consider the failure to write and record the transactions as invalidation and non implementation of the legal action, but it expresses it more closely and more in line with justice.

therefore, it cannot be said that recording transactions in Islam is obligatory, but recording transactions in Islam is a guiding method to prevent possible harms in the future, and it is based on guidance to approach justice.

but in the German legal system, the contract of sale is not considered property in itself, and the agreement between the two parties is essentially incapable of transferring property to the owner; rather, the effect of the contract in this law is only the creation of the pledge on the owner and not the transfer of ownership.

ownership in roman-Germanic rights, the contract of sale does not in itself make the buyer the owner of the thing sold.

there, the transfer of title from the seller to the buyer required a physical ceremony and a public contract, whereby all members of the community would be informed of the transfer of title to the property under contract from the seller to the buyer.

this study, with an analytical descriptive approach and documents from the Holy Qur'an, German laws, hadiths and hadiths, seeks a comparative study of recording immovable transactions in Islamic law and the German legal system.