دور نظرية التعسف في استعمال الحق في حماية حق الملكية في الفقه الإسلامي

الملخص EN

This study aimed to reveal the meaning of Arbitrariness usage of the right in the language and in the Sharia meaning that after highlighting the right and what its meant.

This study explained the most important Arbitrariness standards that worked by Sharia scholars and by the positive law that representative in meant harmful standards, illegal aim standard, and the unusual usage of right standard causes harmful for others.

Then, the study explained the role of un arbitrariness in protecting the ownership right of immovable property that presented in selling and what upon its decision decided by Al-Sharia to prevent the extraordinary of the right owner in using his right in order to not be upon him harmful for others.

Such as preventing some kinds of sales, and to prevent monopoly and to put prices to protect the rights.

Finally, the study explained the role of this theory in keeping the immovable properties which presented in some rights of easements that decided by Al-Sharia to protect the other rights.