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MILKIYYAH, Irtifaq: Attached to aqar. Intifa' : Both - Coggle Diagram

- - - - Advantages
        
        Ownership established to a person who acquires it first
        
        Ownership caused by action
      - Conditions
        
        Nobody acquires or owns it first
        
        Intention to acquire
      - Methods of Acquisition
        
        Ihya' Al-Mawat: develop dead land that has not been developed by anyone
        
        Istiyad
        
        Ways
        
        Taking physical possession
        
        Virtual Capturing (pukat/haiwan terlatih tangkapkan)
        
        Restriction
        
        Tak boleh time ihram
        
        Control over al-kala' and al 'ajam
        
        Alkala' : any type of grass that grows on a piece of land naturally
        
        Legal ruling : Not subject to ownership even though it grows on a piece of land belonging to a particular person
        
        Al-'ajam: trees that grow in the jungle or grows on a piece of ownerless land
        
        Legal ruling: Al mubah. State has the right to introduce law preventing people from cutting al-ajam
        
        Control over al-ma'adin and al-kunuz
        
        Al-ma'adin:
        Existed under earth such as gold.
        
        Legal ruling
        
        Maliki : Not subject to ownership, belong to State
        
        Hanafis, Shafi'is and Hanbalis: Owned by the owner of the land. For ownerless land, belong to whoever found them.
        
        Government's right
        
        Hanafi: Boleh tax 1/5 sebab termasuk dalam a-rikaz
        
        Jumhur: No right of taxation at all
        
        Al-Kunuz
        
        Kanz Al Islami :
        Buried treasure after the emergence of Islam
        
        Legal ruling: Belong to its owner. Not the one who found it. Considered as luqatah. Must announce that he found it. If cannot find the owner:
        
        Hanafi : charity
        
        Hanbali, Shafi'is and Malikis: whoever finds it has right to utilise. Later find owner, need to pay compensation. (Dah jual, so kena la bayar compensation kan)
        
        Kanz Al Jahili : Buried treasure that was buried before the coming of Islam
        
        Legal ruling
        
        1/5 : Baytul Mal
        
        4/5: Owner of the land. If it is an ownerless land, goes to the finder
        
        Kanz Al-Mushtabah fih
        
        Early Hanafis: Kanz al-jahili
        
        Latter Hanafi : Kanz al Islami
        
        Position with al-rikaz
        
        Hanafi : Alma'adin and al-kunuz are part of al-rikaz. Thus, apply the ruling of al-rikaz
        
        Shafi'is and Malikis : al-rikaz is what was buried in the ground in the pre-islamic times.
      - Al-mubah : Al-mal that is not in a possession and ownership of anyone.
    - - Ikhtiyariyyah; concluded based on mutual consent
      - Jabriyyah: entered into contract due to intereference form court/government. (cth: charge)
    - - Inheritance: legal heirs replace the deceased person to own the deceased estate on the basis of Shariah
      - Compensation: Someone pay compensation due to damage done
    - - Ownership of a crop planted on usurped land
        
        Jumhur: Belongs to the usurper because he grows it. But pay rent and compensation.
        
        Hanbali: Belongs to land owner and usurper gets compensation
- - - - Haqq Al-Shurb: watering crops, drinking water
        
        Public rivers
        
        Can use by anybody with condition there is no harm
        
        Private stream and river
        
        Can be used for human and animals. Crops need permission of owner
        
        Private wells, springs and pool
        
        Can be used for human and animals. Cannot for crops. If no water resources, and owner does not allows, can fight back
        
        Private water tanks and containers
        
        Nobody has the right unless with the owner's permission. Exception: Necessity. But need to pay compensation. If a person dies because the owner did not allow the person to take the water, he need to pay diyyat.
      - Haqq al-Majra (saluran air): Neighbor cannot prevent the land owner to irrigate water from neighbor's land. Air masuk. Suitable for human & plant
      - Haqq Al-Masil (Membuang air lebihan) : Used water that is not suitable for plantation & human. Air keluar
      - Haqq al-murur (laluan)
      - Haqq Al-Jiwar (kejiranan)
        
        Haqq Ta'alli
        
        Haqq Al Janibi
    - - Al-'Ariyah: Permission to use the usufruct without any payment
        
        Hanafis and Maliki : Can use and allow other to use but cannot rent. Bcs contract is lazim. Renting is ghayr lazim.
      - Al-Ijarah: Usufruct with consideration
        
        May use, rent, or allow other to use it with or without payment provided there is a similar use of usufruct. If it is different, shall get permission from lessor.
      - Al-Waqf: Give beneficiary of waqaf to use waqaf property.
        
        May use, allow others if the testator allows it only
      - Al-Wasiyyah:
        Transfer of usufruct's ownership from bequeathed property
        
        May use, benefit, allow others with or without payment if testator allows it.
      - Al-Ibahah: Permission to utilize something
        
        Cannot be replaced by someone else or transfer the right to other people.
      - Characteristics
        
        Subject to time, place and conditions
        
        Hanafi: Not subject to inheritance. Because inheritance applicable to property only. Jumhur: Subject to inheritance is the limitation period exists.
        
        Has right to receive eventhough through force. Becomes trustee. Not liable to pay compensation if it is not his fault.
        
        Maintenance: Who uses it without consideration, bear the cost. If there is consideration, the owner bears it
        
        Return back the usufruct to the owner provided no hardship or loss. Example: harvesting time not come yet.
      - Termination
        
        Duration/Period
        
        Destruction- usufruct no longer useful
        
        Death of beneficiary (Hanafi)
        
        Jumhur: Tak terminate
        
        Death of owner if al-ariyah & ijarah (Hanafi)
        
        Revocation of al-ariyah by lender (Shafiis & Hanbali) - because ghayr lazim. Maliki: lazim if subject to limitation of time or place. Cth: A pinjam kuda B untuk gi Muar. A takleh ambik kuda dari B sebelum B sampai muar.