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5 Ownership
5 Ownership
Islam?
1) Introduction
Ownership is very important concept in Islamic legal system
It relates to man’s worldly desires and his relations with an another’s
Islamic law providing different modes of acquiring and loosing of ownership
Ownership is basically a right of possession something and property may be land or other than this
2) Meaning of ownership
Right of possessing something
3) definition of Ownership
Ownership is a relationship between a person and thing and it is the absolute control and right of
decision over thing as well as it is a power of Exclusion of others
4) Elements in Ownership
In ownership essential elements are presence of “CONTROL” and “EXLUSION OF OTHER” the person
who has such powers is called Owner
4) Classification of Mal
Concept of Mal has been classified as under
1. Original acquisition
Original acquisition means an acquisition of a property or estate which has never been the
property of another. This is original acquisition because such things may have not been used
commonly by someone before this. Such acquisition is called original acquisition
2. By Transfer
Transfer of ownership is frequent mode of acquisition and ownership of a property is
transferred from one person to another. It only can be possible only by contract in form of sale,
gift etc.
3. By Succession
It belongs to the family Law and after someone’s death property passes to his legal heirs and
they become owner by succession
4. By Prescription
It belongs to property Law. It means continued occupation by someone over a thing from a long
period
In Islamic legal system such kind of Ownership can’t be acquired by prescription
But In modern age in English system, such acquisition is allowed and can be acquired which is
illegal exercise
1. By transfer
An act of transfer can cause loosing ownership. Original owner transfer his things to another
person by mean of contract like sale,gift,waqf etc. Similarly ownership passed one to another
2. By destruction of thing
In case of destruction of thing owner can lose ownership upon his property
3. By Death of Owner
After the death of owner, ownership ends.Right on that thing transfers to his legal heirs
4. By Operation of Law
By operation of Law, Ownership comes to an end and it can be by way of transfer, sale, as well
as seizure of property by the court of law
9) Conclusion
Every human being has right to make property
Islam forbids to acquire other’s property by means of fraud or by doing illegal act
But property can be transfer by an act of transfer with the consent of ownership without making
undue influence
Property can be acquired by operation of Law