فقه المعاملات العقارية في العراق : البيع انموذجا == Jurisprudence Of The Real - Estate Transactions In Iraq Selling As An Example
Author name:
رؤى محمد صادق محمد جواد الحكيم
Supervisor name:
محمد علي هاشم الاسدي
General topic:
Islamic Sciences
Specific topic:
Islamic Sciences
Degree:
Doctorate
University:
University of Kufa - Faculty Of Jurisprudence - Department Of Quran And Hadith Sciences
Language:
Arabic
University location:
Najaf
First pages:
00T1446 - p.pdf
Abstract:
Through investigating the issue of real estate transactions in Iraq and revealing the rules of selling, we can list the following results that are reached : 1 - Al - Mighty Allah is aware of every detail and determined a rule for each one to be applicable and easy for people.2 - What is meant by the real estate transaction is the land and all what lies upon of building or plants and is subject to the rules of selling and others.3 - The jurists divided the lands according to several considerations but the most comprehensive one is according to its ownership.4 - The public property is for all Muslims and has no deed unlike the individual property.5 - The public property is different from the partnership property and the endowment property. 6 - The public property is a property of the whole nation and the guardian should run it in a way that serves the public benefit.7 - The Imam ownership is the position of the Imamate and not a personal property of the Imam and it allows a personal right for the one who runs it.8 - Through the research it has been revealed that the deed of the land cannot be owned and remains under the control of the Imam. 9 - The matter of running provides priority to take action except for the ownership. 10 - The ways of construction can be taken from the lexicons, history books and narrations. 11 - When suspecting whether the land can be constructed or not, it’s better not to.12 - Most of the lands in Iraq are conquered.13 - it is not allowed to sell the lands of Iraq that are conquered which proved with evidence, it allowed to sell the right utilization and not the deed of the land. 14 - It is not allowed to sell Al - Anfal lands, but the Imam has the right to sell the right to run the land for whom who desires. 15 - It is proved that the land is owned by Allah, his prophet (p.b.u.h.) and the Imam after him, they allowed running the land until the return of the missing Imam.16 - The final result reached is that we can apply the rules of land on the lands of Iraq.
Summary:
00T1446 - A.pdf
References:
00T1446 - R.pdf
