أسباب الملكية : دراسة مقارنه بين الشريعة و القانون

Abstract EN

The huge jurisprudential heritage that the predecessors made has an impact on the movement of jurisprudence in the present and the future, as is the case with all other sciences and knowledge that constitute an asset that provides the following human generations with giving.

The Muslims carried their lofty message to convey it to the whole world.

Islam as a renewed concept in the direction of progress for the sake of humanity, as Islam is not limited to worship only, and accordingly Islam recognizes all known types of property, it recognizes individual property that is related to a specific individual who does not share it with others, or it relates to specific individuals in particular who own it as a partnership between them on Spread by equal or different shares.

It also recognizes limited or large-scale collective ownership, and Islamic Sharia defines various forms of ownership: individual and collective.

Islamic financial legislation is keen to keep the owner investing the money in his hands; Because it is originally God’s money and the group’s money, and the owner’s continuous investment in it will benefit him and the community in increasing the income, and helping to achieve the state’s development plans.

The Iraqi Civil Code defines the right of ownership as: “full ownership, through which the owner completely disposes of what he owns in kind, benefit and exploitation, so he benefits from the owned property, its mule, its fruits and its offspring.

And he disposes of it in all permissible actions.” From this we conclude that the reasons for ownership are several points In Islamic and legal legislation: (Attachment, seizure, contract: It is one of the most common reasons for acquiring ownership in practice.

The provisions of the contract differ as one of the reasons for acquiring ownership depending on whether the thing is movable or real estate, possession and so on.