Title: Defining Property in Sharia and Other Holy Scriptures

ISLAMICONOMIC: Jurnal Ekonomi Islam, 2017

Based on an observation through many communities, it is obviously that people are very careless on the possession of property, or even merely to get the advantage from it. They used not to think about, but prefer to neglect, the rightness of owning, the rightness of acquiring and the rightness of spending the property. In their mind is whatever they can gain, irrespective to the ethic and moral on the way of reaching and gaining, is totally belong to them, and they are free to do so ever. It is a very liberal concept of property.As a way of life, Islamic order ruled all aspects of life including the ownership of the property. There many verses of Al Qur’an as well as the teaching of the prophet Muhammad PBUH about the property. But the problem is there are many muslim scholars who has interpreted Al Qur’an on the fact and reality based only, and not due to the core of the mission of Al Qur’an. Not to pick the Qur’an teaching up to the life, or to build up the life depend on the doct...

JIM: Jurnal Ilmiah Multidisiplin, 2022

Islam is a religion whose teachings were revealed to mankind by Allah through the Prophet Muhammad as his messenger, and which, in essence, teaches not only on one side, but on many facets of human life. Because Islam is particularly concerned about each individual's rights, one of sharia's goals is to safeguard each individual's property, which is material that supports aspects of life's sustainability. To adore Allah, one must live a servant's life. S.W.T. This study is a literature review with the goal of discussing the concept of property in the context of Islamic economics, as well as the patterns of ownership that are safeguarded by Islam. According to the findings of the study, the concept of property and ownership in Islamic teachings, in essence completely comprehending that God Almighty is the ultimate owner of everything and that humans acting as caliphs are only temporary owners of what they have. As a result, whenever people engage in economic activity or attempt to acquire riches, they must follow the legal road, whether they are looking for, processing, or using property. Because, in essence, everything that Allah owns will be held accountable in the afterlife.

Journal of Islamic Law Studies, 2025

In the modern period, the concept of property has been the subject of many studies. Determining the philosophical and legal foundations of the concept of property in the contemporary period is essential for analyzing the development of the notion. Another important term that stands out in the studies on property is social function. The subject of this study is to examine the development of the theory of social function from the perspective of Islamic law in Article 802 of the Egyptian Civil Code and its aftermath. In fact, the concept of social function concerning property is identified with the French jurist Léon Duguit (d. 1928). Duguit claimed that property is not only an individual right but also involves duties to society. This approach emphasized the social aspect of property and suggested that property owners have particular responsibilities for the general social welfare. The social function was discussed at the codification stage in the Arab-Islamic world with ʻAbd al-Razzāq Ahmad al-Sanhūrī (d. 1971) and adopted by Muslim jurists. Sanhūrī presented comparative studies in modern and Islamic law and played an important role in drawing the property framework at the codification stage. Muhammad Abū Zahrah (d.1974) and ʻAlī al-Khafīf (d.1978) analyzed the social function theoretically and explained it from an Islamic perspective. Although Muhammad Abū Zahrah and ʻAlī al-Khafīf discussed the social function theory within an Islamic framework, this paper proposes that these explanations were a reaction to Duguit's theory. It shows that the theory is an object of debate in the context of both Western legal philosophy and Islamic law. A detailed theoretical and practical examination of social function concerning property in Islamic law has not been identified in contemporary literature. This paper aims to examine the introduction of the social function theory into Islamic law and its formulation in law-making and literature with respect to specific actors.

2007

fr/facchini ABSTRACT: this article argues that the relative absence of economic freedoms in the countries of the Muslim world can be explained by the history of Muslim law, and more particularly by its conception of property rights. It shows that the main obstacle to the emergence of private property has been the status of land, originating out of the domination of the first caliphates. It recalls the effects of formal inequalities between individuals (men-women, men-slaves, Muslims-non-Muslims) on the one hand, and the effects of property restrictions on economic development on the other, but maintains that the heart of the blockage lies in the legal status of land, a status which protects public ownership and even extends it to cover water rights. This encloses the economy in a philosophy of enrichment where the opportunities for profit are artificially created through the rents seized by the ruling class. The conclusion is devoted to the future of economic freedom in the Muslim world.

Mimbar pendidikan, 2024

This article deepens the understanding of the concept of ownership in Islam, with an emphasis on its philosophical aspects. Through qualitative research methods and literature review, this article reveals the fundamental differences between the Islamic perspective on ownership and socialist and capitalist economies. In Islam, ownership must adhere to Sharia principles and be considered halal, with three distinct types of ownership: individual, communal, and state. Furthermore, Islam plays a significant role in regulating the distribution of income and wealth to achieve the well-being of humanity, emphasizing the principle of maslahah (beneficence) as the cornerstone of Islamic economics. Islam's role in addressing economic inequality is crucial, emphasizing fair distribution. Additionally, Islam teaches the social responsibility of individuals and communities in helping those in need and promoting social justice. This research provides a profound understanding of the concepts of ownership, wealth, and social responsibility in Islam, highlighting Islam's contribution to addressing economic and social challenges in society.

2019

The concept of ownership prevails under various cultural, socio economic set-ups, be it feudalism, capitalism, socialism and non-secularism (religious), the issue of ownership and its connotation carry much weight. Its propriety, manner (either individual or public), devolution of the means of ownership to individuals or their centralization in the hands of the government is being discussed in the present book. The topic of this book is essentially, ownership. The discussion incorporates the problem of value which comprises divine ownership, its origin and extent, man's ownership, its origin, extent and types (individual ownership and its types, collective ownership and its types) and the effects of ownership as expressed in the right to possession, right to cede and its compulsory transfer. An in-depth attitude is being adopted while treating the sensitive areas of man's ownership and also the effects of such ownership expressed in terms of the right to possession and its e...

A comparative evaluation on the concept of property in Islamic economic thought and modern economic thought [İslam iktisat düşüncesi ve modern iktisat düşüncesinde mülkiyet anlayışı üzerine karşılaştırmalı bir değerlendirme], 2019

Abstract: The concept of property has been influential on many areas ranging from the organization of production, distribution and consumption to social structure and the role and organization of the state in different periods of human history. Property is not only a legal right, but also a social and economic institution. It can be argued that the concept of property is decisive on a number of economic and social dynamics from the organization of production to the forms of social stratification through the hierarchy that determines the dominance of control over the means of production. This study describes the modern capitalist understanding of property based on the changes that have occurred in the concept of property in different periods of human history. The Islamic understanding of property has been delineated based on the primary resources of the Islamic economic thought, and a comparative analysis has been conducted based on the differences with the modern capital understanding of property as well as social, legal and economic effects created by these differences. ÖZET: İnsanlık tarihinin farklı dönemelerinde mülkiyet olgusunun üretim-bölüşüm-tüketim organizasyonundan başlayarak, toplumsal yapıya, devletin rolü ve organizasyonuna kadar geniş bir alanda etkili olduğu gözlemlenebilmektedir. Mülkiyet sadece hukuki bir hak değil; aynı zamanda sosyal ve iktisadi bir kurumdur. Mülkiyet anlayışının, üretim araçları üzerindeki denetim hâkimiyetini belirleyen hiyerarşi üzerinden; üretim organizasyonundan toplumsal tabakalaşma formalarına kadar birçok iktisadi ve sosyal dinamikte belirleyici olduğu söylenebilir. Bu çalışmada modern kapitalist mülkiyet anlayışı, insanlık tarihinin farklı dönemlerinde mülkiyet anlayışında meydana gelen değişimler üzerinden ortaya konulmuştur. İslam'ın mülkiyet anlayışı, İslâm İktisat Düşüncesinin temel kaynaklarından hareketle belirginleştirilmeye çalışılmış, modern kapitalist mülkiyet anlayışı ile arasındaki farklar ve bu farklılıkların sebep olduğu sosyal, hukuki, iktisadi etkiler üzerinden karşılaştırmalı bir analiz yapılmıştır.

American University International Law Review, 2011

Journal of Dhaka International University, 2016

The Islamic Shariah Law, which is based on the Holy Qur'an, the Sunnah, the Ijma and the Qiyas, is a comprehensive legal system. It prescribes distinct rights and duties of both men and women. Particularly, it ensures property right, by various ways especially by means of dower, maintenance and inheritance, for women who were deprived of this right in many of the past civilizations. But the Islamic Law of Inheritance does not provide equal property rights for both men and women in all cases, so this issue gives rise to an allegation that the Shariah Law is discriminatory against women. This paper deals with this controversial issue with special reference to women's property rights under the Islamic Shariah provisions relating to maintenance, dower and inheritance. It also tries to discover the actual economic status of women in the law and to justify the allegation against the Shariah Law that it has discriminated against women in case of inheritance. Abstract: The Islamic Shariah Law, which is based on the Holy Qur'an, the Sunnah, the Ijma and the Qiyas, is a comprehensive legal system. It prescribes distinct rights and duties of both men and women. Particularly, it ensures property right, by various ways especially by means of dower, maintenance and inheritance, for women who were deprived of this right in many of the past civilizations. But the Islamic Law of Inheritance does not provide equal property rights for both men and women in all cases, so this issue gives rise to an allegation that the Shariah Law is discriminatory against women. This paper deals with this controversial issue with special reference to women's property rights under the Islamic Shariah provisions relating to maintenance, dower and inheritance. It also tries to discover the actual economic status of women in the law and to justify the allegation against the Shariah Law that it has discriminated against women in case of inheritance.