فلسفة قيود الملكية

الملخص EN

To determine the nature of ownership is of great importance and it is related to the legal and Islamic philosophical theories related to real estate ownership, which determines the imposition of restrictions or not.

These theories may converge in regions and diverge in other regions.

Through the determination of these theories and their content , the researcher, legislator and judge understand the nature of ownership and enable to find accurate solutions to the problems of ownership .It also helps in determining the position of the Islamic theory of property among the legal theorie especially in countries that are undergoing political, economic and social changes such as Iraq.

This is reflected in legislations that deal with the restrictions of ownership including civil restrictions (French, Egyptian and Iraqi)