Mandatory provisions in common property
DOI:
https://doi.org/10.36324/fqhj.vi44.16333Keywords:
compulsory rulings, ownership, commonsAbstract
The research dealt with the subject of the provisions related to the disposal of common funds among the partners in both jurisprudential and legal legislation, and because of the need of the owners to dispose of their property and the competence of the partner and his uniqueness in the money alone without restriction or tyranny and without preventing him from disposing of his property as an obstacle, so the legislator developed the jurisprudential and legal texts that established the ownership Shares, how to deal with them, explain the provisions related to them, and indicate the validity of the actions issued by the partners. Are they based on health and permissibility at all, why not? And a statement of some cases and special restrictions of ownership that prevent the disposition of common property, as well as the research explained how some legal rights such as five and zakat are attached and their obligation on common money, and explained the necessity of working on restoring and reforming common money in a way that does not conflict with the interests of others, so he put in place pure and clear provisions in a way that prevents partners From the abuse of the rights of others according to what is detailed in the research, as well as the presentation of legal texts on the legal texts to explain the provisions of disposing of common property The research presented the sanctity of disposing of the money of others, and the Holy Qur’an and the Sunnah linked it to it, as well as clarifying the most important legal texts that indicate it, and standing on the most important opinions that the jurists were exposed to in the division, and clarifying the legal and legal ruling in disposing of the funds of minors, and explained the necessity of extracting the legal rights to be attached to the funds The common, as well as dealing with the rain on money from pictures and comparing these opinions with the legal texts in terms of conformity or not.
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