ضمان المغصوب : دراسة تحليلية مقارنة

Abstract EN

Usurpation is regarded as one of the main important topics for it causes the deprivation of the owner of property or the owner of the right of his authorities over property or right where it affects the principle of financial transaction stability as well as it harms others rights.

Thus, Islamic jurisprudence besides Iraqi civil code pay great attention to maintain the five intentions i.e.

preservation of religion, soul, mind, progeny and property through which benefits of human beings are achieved and to protect then from harm and whatever corrupts their life To keep property from usurpation or loss ,we therefore, propose rules that prohibit usurpation and deter any one who intends to seize others property without any legal reason