Modes of Acquiring Ownership and Loosing It

Modes of acquiring ownership and losing it
What are the modes of acquiring ownership and losing it in Islam?
1) Introduction
Ownership is a very important concept in the Islamic legal system
It relates to man’s worldly desires and his relations with another’s
Islamic law provides different modes of acquiring and losing of ownership
Ownership is a right of possession of something and property may be land or other than this
2) Meaning of ownership
Right to possess something
3) definition of Ownership
Ownership is a relationship between a person and a thing and it is the absolute control and
right of
decision over things as well as it is the power of Exclude of others
4) Elements in Ownership
In ownership essential elements are the presence of “CONTROL” and “EXCLUSION OF
OTHER” the person
who has such powers is called the Owner
5) Subject matter of Ownership

Mal is the subject matter of Ownership
1) Meaning of Mal by Al-Hawi
Mal is the thing that is other than human beings and has been created for the benefit of
Man and
Which man can store or utilize on his own will
2) Things that are included in Mal
A Mal may include the following things
I. Things having a corpus
All touchable things included in the Mal
II. Things connected with a corpus
Things connected with corpus also included in Mal
Such as Munafah is either in the shape of a PRODUCTION OF PHYSICAL OBJECT
or SERVICES OF ME
Ikyan Shah … Advocate High Court … https://www.facebook.com/ikyanshah
3) Modern concept of Mal
In traditional Islamic legal system, mal not include incorporeal ( rights like copyrights, etc
In modern Islamic law now courts and jurists are trying to expand the concept of Mal
4) Classification of Mal
The concept of Mal has been classified under
1. Moveable and immoveable
Immoveable things are those things that cannot be moved from one place to another
place such as land and buildings etc.
Moveable things are those things which can be moved from one place to another
2. Similars and dissimilar
If an alternate can be found by weight or measure is called a Similar
If an alternate can’t be found in the market is called a Dissimilar
3. Marketable and non-marketable
Marketable things that can be converted to private Property such as currency, cars,
etc Non-marketable which can’t be converted to Private property like air, sunshine,
etc.
Non-marketable thing are not regarded as Mal
4. Consumable and non-consumable Consumable things like food, water, etc. Non-
Consumable things like a house, Gold, etc.
6) Modes of Acquiring Ownership
Following are the modes of acquisition of ownership. Details are 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 an original acquisition because such things may have not
been used
commonly by someone before this. Such acquisition is called an original acquisition
2. By Transfer
Transfer of ownership is a frequent mode of acquisition and ownership of a property
is
transferred from one person to another. It can be possible only by a contract in the
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 a succession
4. By Prescription
It belongs to Property Law. It means continued occupation by someone over a thing
from a long
period
In the Islamic legal system, such kind of Ownership can’t be acquired by prescription
But In the modern age in the English system, such acquisition is allowed and can be
acquired which is
illegal exercise
7) Modes of Losing Ownership
Following are the modes of losing ownership
1. By transfer
An act of transfer can cause losing ownership. The original owner transfers his things
to another
person using a contract like a sale, gift, waqf, etc. Similarly, ownership passed from
one to another
2. By the destruction of the thing
In case of destruction of a thing owner can lose ownership of his property
3. By Death of Owner
After the death of the 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
8) Ownership in Islam as compared to that of English Law
According to the Islamic system, ownership of liberties, powers, and properties can’t be
acquired
According to the English System, the above rights or ownership can be occupied by
different rules
9) Conclusion
Every human being has the right to make property

Islam forbids acquiring other’s property using fraud or by doing an illegal act
But property can be transferred by an act of transfer with the consent of ownership without
making
undue influence
Property can be acquired by operation of Law

Modes of Acquiring Ownership and Loosing It

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Modes of acquiring ownership and losing it

What are the modes of acquiring ownership and losing it in Islam?

5) Subject matter of Ownership

6) Modes of Acquiring Ownership

Following are the modes of acquisition of ownership. Details are as under.

Every human being has the right to make property

Ikyan Shah … Advocate High Court … https://www.facebook.com/ikyanshah

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