The general concept of property in islamic and Jordanian Law : a comparative study

Abstract EN

Under Islamic and Jordanian Civil Laws, the concept of "property" is so wide that no generally accepted definition has emerged Islamic Law does not strictly define the subject of property as a tangible thing.

The word, which is most commonly used for property in general in Islamic Law, is "mal", which includes movables and immovables, specific objects and their use (or the income which they produce).

Jordanian Civil Code No.

43 of 1976 defines property as "the power of the owner to use, exploit and dispose of what he owns (his property) in an absolute manner and to take benefit from its products and to carry out all transactions legally permissible" (s.

1018(1)).

This means that property rights in Jordanian Law consist of three elements: the right of use, the right of exploitation and the right of disposal, whether for value, or gratuitously.

This article discusses the general concept of property in Islamic and Jordanian Civil Laws.

It argues that this concept is comparable in both laws.