أثر قسمة المال الشائع : دراسة مقارنة في الفقه الإسلامي و القوانين العربية

الملخص EN

Being in a common property is an exceptional and temporary status.

During this phase each owner has the right to use this property.

This might lead to actions that affect the rights of the rest of the owners.

To end this situation, the owners resort to allotment; where each owner gets his/her costumed property.

The controversy that led to this study lies in the following question: does allotment create an inexistent right? Or does it reveal a right that originally existed? What about the actions that took place while the property was still in common? To answer these issues; the researcher followed the analytical comparative methodology.

To conclude: allotment has a double impact: the first impact is the negative impact; which reveals the right that existed originally, and a positive impact; which creates new rights free of any obligations that might be incurred by the ex-owners in common.

This study came out with the following recommendation: It is necessary to establish some rules and premises that shall restrict the rights of the owners in common, specifically in using the property only and preventing any kind of actions.