تطبيقات التعسف في أحكام الأملاك و المعاملات الجوارية بين المجلة و الفقه المالكي

الملخص EN

The right of ownership is one of the most serious rights, the most distant in scope, and the widest in content.

However, this right is governed by restrictions that prevent the taxpayer from overusing his right if the act results in apparent harm to others.

These restrictions are the origin of the idea of the theory of abuse in the use of the right in Islamic law according to the jurists.

So my research came to show the extent to which the property right is used by taxpayers and to show the extent of the serious harm that restricts these rights, by extrapolating some of the jurisprudential branches stipulated in the Hanafi and Maliki schools.

I followed the inductive-analytical-comparative approach in it, and concluded in it that the jurists of the followed schools concluded that the right in Sharia is restricted, and the dispute between them is in the extent and breadth of the restriction, and I also concluded that there is a gap between the doctrine of the early Hanafis and the doctrine of Imam Malik in the judgment of the owner's disposal of his property Do we reserve his right to freely, or do we control him by not harming others?!