IIUM Repository

Islamic legal theory of joint ownership of property in commercial and non-commercial spheres

Sadique, Muhammad Abdurrahman (2020) Islamic legal theory of joint ownership of property in commercial and non-commercial spheres. In: The 16th Kuala Lumpur International Communication, Education, Language and Social Sciences Conference (KLiCELS 16), Online conference.

PDF (KLiCELS16_036 Theory of joint ownership MA Sadique) - Published Version
Download (1MB) | Preview


Shirkah al-milk or joint ownership in Islamic law may take place in commercial and non-commercial spheres, where an asset, right or usufruct is jointly claimed by more than one party, such as through the joint ownership of a house, vehicle etc. This form of joint partnership or joint ownership is subject to detailed rules and provisions as discussed in Islamic law, pertaining to the nature and scope of their rights and liabilities, how they may derive benefit from the jointly owned asset or entity through utilization etc., how the asset should be maintained and the role of the joint owners therein, regarding any contract that may take place with regard to the jointly owned entity, through its sale either entirely or partly or through it being offered as a mortgage etc. and a host of related rules. As is the norm is Islamic law, these rules are all deduced and derived through an intricate process by the use of highly systematic methodology from the holy Qur’an and prophetic traditions, where the schools of Islamic law differ in some details due to variations in their methodology. The purport of this paper is to provide a comparative analysis of the rules and provisions pertaining to joint proprietorship as found in the authoritative works of the schools of Islamic law with regard to its major areas, while providing a summary of the rules of the type of commercial partnership called ‘inan, by way of comparison.

Item Type: Conference or Workshop Item (Invited Papers)
Additional Information: 5640/86377
Uncontrolled Keywords: Joint proprietorship, ownership, partnership, shirkah, Islamic law
Subjects: BPH Islamic Economics > BP322.3 Musharakah - Partnership
H Social Sciences > HG Finance > HG3368 Islamic Banking and Finance
K Law > K720 Property Law
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP639 Muʻāmalāt
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User: Dr Muhammad Abdurrahman Sadique
Date Deposited: 15 Dec 2020 17:41
Last Modified: 15 Dec 2020 17:41
URI: http://irep.iium.edu.my/id/eprint/86377

Actions (login required)

View Item View Item


Downloads per month over past year