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ILOP - Coggle Diagram

- - - - Wahib
        
        Ahliyah al-ada al-kamilah
      - Mawhub lah
        
        Maliki : unborn child can receive; provided that he is born alive
      - Mawhub
        
        Existence
        
        Own by wahib
        
        Must be subjected to ownership
        “Thing which may not be taken may also not be given.”
      - Sighah
    - - Acceptance
      - Offer
      - Taking possession
  - - - Jumhur : mandub
      - Cases
    - - Hanafi vs Shafie and Hanbali
      - Maliki vs Jumhur
      - Statement by Abu Bakar, Umar ibn Al-Khattab
      - Cases
      - Condition : consent from giver
  - - - Father hibah to son
      - Maliki : recipient yet to marry and no debt
- - - - Section 2 (1) of MWSE 1999
      - Tanzil Rahman
- - - - haq al-intifa
        
        5 ways to receive this right
        
        waqf
        
        wasiyah
        
        ijarah
        
        ibahah
        
        ariyah
        
        Characteristics
        
        Termination
      - haq al-irtifaq
        
        types of right
        
        majra
        
        masul
        
        shurb
        
        muror
        
        jiwar
      - haq al-raqabah
    - - Characteristics
        
        Not subject to appropriation
        
        Full right of utilisation
        
        Not subject to time limitation
        
        Not subject to compensation
      - Acquisition
        
        Contracts al-uqud
        
        Types
        
        Consensual
        
        Compulsory
        
        Voluntary
        
        Changing hand
        
        Types
        
        Inheritance
        
        Compensation
        
        Control over permissible thing; al-mubah
        
        Concept
        
        Advantages
        
        Via action wad' al-yadd
        
        First acquirer.
        
        Can acquire even no legal capacity
        
        Conditions
        
        Hadith states, “Whoever owns something before other Muslim, such thing is considered his.”
        
        Legal maxim provides, “Whoever acquires al-mubah before the others, he owns it.”
        
        Hadith states, “Verily all good deeds are determined according to intentions.”
        
        Legal maxim provides, “Matters are determined according to their intention.” (Majalla, article 2)
        
        Methods
        
        Reviving dead land ihya al-mawat
        
        Hadith states, “Whoever revives a dead land owns it.”
        
        Hunting al-istiyad
        
        Surah Al-Maidah : 4
        
        But, restriction : Surah al-Maidah : 96
        
        Control over al-kala grass and al-ajam forest
        
        The strongest view of four schools : al-kala = not subject to ownership even though it grows on owned land. Public used.
        
        “People are partners in three things that are water, pasture and fire.” (Hadith)
        
        Al-’ajam = part of al-mubah : grow on the ownerless land.
        
        State/Government has a right to introduce law preventing people from cutting al-ajam = public interest
        
        Control over al-ma'adin and al-kanz
        
        Maliki : al-ma‘adin = belong to State/Government
        
        Strongest view of Hanafis, Shafi‘is and Hanbalis : al-ma‘adin = owner of the land. For ownerless land = founder.
        
        Shafi‘is and Malikis : al-rikaz is what was buried in the ground in the pre-Islamic times.
        
        Jumhur : government has no right of taxation at all.
        
        Hanafi : al-ma'adin and al-kanz = part of al-rikaz. The legal ruling on them is similar to al-rikaz - Hadith, “For al-rikaz, it is one-fifth.”
        
        Hanafi : government has right of taxation of one fifth.
        
        Al-kanz = belong to owner.
        
        Whoever found al-kanz and cannot find the owner = Hanafi : must be given as charity to the poor.
        
        Whoever found al-kanz = Jumhur : has right to utilise and benefit. If later found owner, he has to pay compensation.
        
        al-kanz = 2 types = islami and jahili
        
        Increasing of subject matter
        
        Increase belong to the owner = legal maxim, “an accessory follows the principal.”
        
        Jumhur : crop = usurper
        
        Hanbali : crop = owner, compensation = usurper.
        “Whoever plants a crop on the land of others without their permission, he has no valid claim to the crop, but he may be compensated for his expenses.” (Hadith)
- - - - Abdul Karim Zaidan
      - Majalla
      - Hanafi
      - Jumhur