The Concept of Ownership in Islamic Perspective GE20603 FIQH MUAMALAT Semester II Sesi 2010/2011

Copyright Reserved 2011 Mohd Zulkifli Muhammad Contents Definition Permitted or Prohibited Accept the Ownership The types of Ownership The types of imperfect/ incomplete ownership The characteristics of imperfect ownership- ‘haq al-intifa’ The termination of ‘haq al-intifa’’ ‘Haq Irtifaq’ The reason of complete/ perfect ownership 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership Definition= Lughah = Istilah 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership Permitted or Prohibited Accept the Ownership->divided into 3 categories: 1) Prohibited to give it or accept it as ownership totally- for public benefit- e.g.: road, bridge, city, railway, river, museum, public library & public recreational park 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership 2) Prohibited to owned by itself provided that if it allowed by Shari’ah Jurisprudence- e.g.: ‘waqaf’ and ‘baitulmal’ property 3) Possible to owning 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership The types of Ownership- divided into 2 types: complete/ perfect ownership = ‘ain and benefit Incomplete/ imperfect ownership = ‘ain or benefit (haq al-intifa’)-> *haq al-intifa’=haq syakhsi and haq ‘aini (haq irtifaq) 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership The types of imperfect/ incomplete ownership Haq ‘ain Haq intifa’- 5 reason a) borrow b) rent 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership c) ‘waqaf’ d) ‘wasiyyat’ e) ‘ibahah’- allowed to use- divided into general and specific *what the differences between ownership and ‘ibahah’? 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership The characteristics of imperfect ownership- ‘haq al-intifa’ Limited with time, place and attribute Not allowed to ‘wasiyyat’- according to Hanafi 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership 3) Be rightly assigned to benefit 4) Cost in maintenance 5) Deliver after used 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership The termination of ‘haq al-intifa’’ Finished the using period Damaged or malformation The death of person that used it’s benefit The death of person that give the benefit 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership ‘Haq Irtifaq’ Haq syurb Haq al-majra Haq al-masil Haq al-murur Haq al-jiwar 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership The reason of complete/ perfect ownership Control over property that is ‘mubah’ Through valid contract Through ‘khalfiah’ Birth from the owns animal 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership (1) Control over property that is ‘mubah’ ‘Ihya’ al-Mawat’ Al-Istiyad Forest (ajam) and grass (al-kala’) Mineral (ma’adin) and treasure (kanz) *treasure (kanz)= ‘kanz jahiliyyah’, ‘kanz Islamiy’ & ‘kanz al-musytabah fih’ 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership (2) Through valid contract Contract of ownership Voluntary Constraint= divided into 2 i) ‘soreh’ (by law) ii) deprive ownership by constraint action a) ‘Syuf’ah’ b) for public use 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership (3) Through ‘khalfiah’ 1) substitute someone from someone else (heritage) 2) substitute something with something else (indemnity)- including diyat in criminal 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

The Concept of Ownership (4) Birth from the owns animal “Owner for ‘asl’ also become owner for thing growing out of another or branch” 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad

Copyright Reserved 2011 Mohd Zulkifli Muhammad WALLAHU ‘ALAM 9/12/2018 Copyright Reserved 2011 Mohd Zulkifli Muhammad