The topics of ownership, possession and property are considered very important in every legal system. Very little systematic work has been done in this area by scholars. Those who write about these topics invariably become involved with broader issues like "ownership belongs to God and is held as trust by Man". The importance of this question notwithstanding, it is necessary that scholars tackle the issues like the nature of ownership as it is found in the Islamic legal system, the meaning of possession and its significance, and finally the meaning of property itself. The last point has emerged in modern times in the shape of intellectual property.
The OIC has already issued a ruling that such rights are recognised in Islamic law and have a monetary value. The Federal Shari`at Court of Pakistan has also considered this question. A brief introduction to this topic has been included in Outlines of Islamic Jurisprudence and may be seen by downloading that book. Some additional material will be made available through this page later. Till such time this page may be considered to be under construction.
The basic issues that need to be tackled from the legal point of view are:
- The nature of ownership (milkiyyah) in Islamic law.
- The nature and meaning of possession (milk al-yad) in Islamic law.
- The meaning of the term mal (wealth or property) in Islamic law
- The legal validity of intellectual property rights in Islamic law. This issue is related to the previous point.
Of great help in the discussion of the above question would be Savigny's writings and modern theories about ownership and possession.
Acquisition of Property and Liens
1. Modes of acquisition of property in Islamic law
3. Partitioning of property (qismah)
© Advanced Legal Studies Institute