المسائل الفقهية المتعلقة بأحاديث الغصب و تطبيقاتها المعاصرة

Abstract EN

The article aims to show the entirety of the Islamic Sharia through studying the Hadiths of taking ones property by force, or property fraud the book "Almuntaqa fi Alahkam Alshri’ah min Kalam Rabb Albaryyah” from different sciences, clarifying the unfamiliar, the total meaning, the significances and foundational and jurisprudential rules, and contemporary issues.

It also aims to emphasize the flexibility of Sharia provisions fitting all events of different ages and eras.

The researcher has employed an amalgamated approach consisting of comparative, inductive, analytical and critical approaches, concluding with several results the most important of which are: 1.

Owning a land also means owing what is under and above it.

2.

If a property is taken by force, no need of transferring that property due to being forbidden.

3.

It is the right of States to sovereign their airspace, which is a clear manifestation of the provisional principle “Air belongs to the decision” provided that Others are not prevented from civic and peaceful passing and “Others” do not spy on such States, or cause harm of any type.