الأحكام القانونية لقسمة المهيأة بين الفقه الإسلامي و القوانين الوضعية

الملخص EN

Legal provision for the apportionment of benefits between the Islamic jurisprudence &man made Laws Al though the legislator believes that there are many disadvantages about the prevalent ownership of a property ,because of its partners disagreement about the management & use of this property that block its investment to serve the national economy ,but this phenomenon a fact.

And because there are many conditions where we can find many people having the prevalent property ,the legislator tried many times to minimize this kind of property to prevent its negative results by limiting the period of having this property the way it is and permitting the partners to use their rights in what we call(Division of benefits) which put the property in a dynamic state.

In this research we will take one part of this subject in details , discussing the legal provisions of apportionment of benefit ;including legal provisions related to partners , also proving this kind of division and using it to protest against others .finally we will discuss the expiration states of this type of division .

All this would be provided by a comparative study between Islamic jurisprudence and civil laws .

The main reason for choosing this subject that it is truly lacked in the Arab library and almost there no researches about it.