Assessment OfThe Status Of Innovation In The Partition Of Joint Ownership In lslamic Fiqh Doctrine (The Sample Of Partnership And Joint Lands)
Abstract
As well as being a legal issue, joint possession ownership causes
some problems by means of their right of disposal, so there exists
a constant tendeney of changing over to individual ownership for
each of partners of joint ownership. As a matter of fact the obligation
of using any right with intervention of anather person is unsuitable
by means of freedam and self-interest natures of human
being. Thus it is generally preferred to change over to individual
ownership system from joint ownership system unless there exists
any special reason necessitating the solidity of joint ownership.
The principles related to the techniques and procedures of this
change are investigated under the topics of portion/partition in
classical fiqh doctrine. Partition is a legal process which enables
terminating joint ownership and allowing permissive right of disposal
for each partner over his/her own stock. This process occurs
generally either by a decree or by any agreement between the
counterparties which occurs by comman accord. Terminating a
joint ownership occurs either by verbatim or by muhayye or in retum
for a charge.
The case of partition of joint ownership ta kes up a significant pas ition.
in many regions, there are serious problems on the partition
of innovation (major) right of joint ownership. The studies conveyed
in Islamic fiqh doctrine on the partition of joint ownership are
rather restricted. In this context, the situation of the right of innovation
(which belongs to major land/Superficies sola cedid) for
those lands those are subject to joint ownership and the regulations
of Islamic fiqh doctrine on this topic are always concerned
about. In this study it is aimed at conveying an ir;ıvestigation on
the situation of innovations on the partition of lahds which are
subject to joint ownership ( partnership or jointly).
Keywords
References
- ZEYDAN, Abdülkerim, el-Medhal li Diraseti'ş-Şeriati'l
- İslamiyye, Arnman 1990.
- ZEYLAİ, Abdullah b. Yusuf, Tebyinü'l-Hakak ala Kenzi'lDekail<,
- V, Beyrut trs.
- ZÜHA YLİ, Vehbe, el-Fıkhu'l-İsHimiyyü ve Edilletühü, Daru'lFikr,
- V, Dimeşk 1989.
- ZÜRKANİ, Muhammed b. Abdilibaki b. Yusuf, Şerhu'l Zürkani
- al'a Muvatta İmaın-ı Malik, VI, Beyrut 1990.
Details
Primary Language
English
Subjects
-
Journal Section
Research Article
Authors
Hadi Saglam
This is me
Publication Date
December 15, 2012
Submission Date
August 15, 2012
Acceptance Date
October 15, 2012
Published in Issue
Year 2012 Volume: 16 Number: 2