Ensuring the real estate that was seized in a compulsory manner - A Comparative Analytical Study -

Section: RESEARCH
Published
Aug 4, 2025
Pages
225-287

Abstract

Abstract Usurpation is regarded as one of the main important topics for it causes the deprivation of the owner of the property or the owner of the right of his authorities over property or right where it affects the principle of financial transaction stability as well as it harms others rights. Thus, Islamic jurisprudence beside the Iraqi civil code pays great attention to maintain the five intentions i.e. preservation of religion, soul, mind, progeny, and property through which the benefits of human beings are achieved and to protect them from harm and whatever corrupts their life. To keep the property from usurpation or loss, we, therefore, propose rules that prohibit usurpation and deter anyone who intends to seize others property without any legal reason.

References

  1. B - unpublished judicial decisions:1. Decision No. 76 / S / 2005 Date of resolution 22/6/2005.2. Decision No. 197 / S / 2005 Date of Decision 26/12/2005.
  2. C - wrote jurisprudence Zaidi:1. Ahmed bin Yahya ibn al-Murtada, the sea of the total zakhar of the doctrines of the scholars of the sciences, 1, the scientific book house, Beirut, 1422-2001.2. Muhammad bin Ismail al-Sannani, The Ways of Peace Explaining the blog of Al-Maram from the Rulers' Guides, The Investigation of Muhammad Abdul-Aziz Al-Khouli, I, 4, Revival of Arab Heritage, Beirut, 1379 AH.3. Mohammed bin Ali bin Mohammed al-Shawkani, the torrent of jars flowing on the gardens of flowers, the investigation of Mahmoud Ibrahim Zayed, I 1, House of Scientific Books, Beirut, 1405 e.
  3. Eighth: Groups and Judicial DecisionsJudicial groups:1. Ibrahim Al-Mashahadi, Legal Principles in the Court of Cassation, Civil Section, Central Workers' Press, Baghdad, 1988.2. The Judiciary Issued by the Bar Association of Iraq, Al-Ani Press, Baghdad, (p. 5, p. 14, 1956).3. Judicial Bulletin issued by the Technical Office of the former Iraqi Court of Cassation, Baghdad, (p. 2, p. 1973, 4).4. The Judicial Sentence Group is issued by the Legal Information Section of the Ministry of Justice in Baghdad (p. 1, p. 5, 1975), p. 1 and 4, p. 7, 1976.5. Judgment of the Court of Cassation of Iraq, Decisions of 1969, 6, Government Press, Baghdad, 1972.
  4. H - Books of jurisprudence front:1. Jaafar ibn al-Hasan ibn Abi Zakaria Yahya bin al-Hassan bin Said Al-Hali Imami, Shari'a of Islam, the investigation of Abdul-Hussein Muhammad Ali, 1, the press of literature, 1389 e.2. Necmettin ibn al-Hasan al-Hali investigator, the useful guide in the jurisprudence of the Imamate, Dar al-Kitab al-Arabi, Egypt, without a publication year.
  5. Kh - Books of Islamic jurisprudence:1. Ali Bin Ahmed bin Said bin Hazem Al-Dhaheri Al-Andalusi, Al-Mahli, Achievement of the Commission for Revival of Arab Heritage, New Horizons House, Beirut, without a published date.
  6. Ninth: Laws1. Iraqi Civil Code No. (40) for the year 1951.2. Jordanian Civil Law No. (43) for the year 1976.3. The Yemeni Civil Law No. (14) for the year 2002.
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  8. Seventh: Scientific Research1. Dr. Suha Mohammed Saeed Al-Nu'man, Responsibility of the Guarantor, Research published in Al-Rafidain Law Journal, Faculty of Law, University of Mosul, 4, p. 23, Q 9, 2004.2. Dr. Suha Mohammed Saeed Al-Nu'man and Ibrahim Antar, Participation of others in the use of wages, research published in the Rafidain Law Journal, Faculty of Law, University of Mosul, p. 13, p. 48, Q 16, 2011.
  9. Sixth: Letters and university diplomas1. Nasser Jameel Mohammed Al-Shamayleh, Securing the Ownership of Secured Securities (Comparative Study), Master of Private Law, Introduction to the Faculty of Law, University of Mosul, 1417H-1997G.2. Yahia Mohammed Abdullah Al-Gharafi, Jurisdiction in Islamic Law, Egyptian Civil Law and Yemeni Civil Law, PhD thesis submitted to the Faculty of Law, Ain Shams University, Egypt, 1996.
  10. X. Electronic Resources1. Muhammad Hassan Fadlallah, Rulings of the Ghassab, p. 15, published on the Internet on the following:http://arabic.bayynet.org.Lb/books/fkh3-73.htm2. Mohammed Taqi School, the provisions of rape and destruction, published in the Internet on the following:http://almadarresi.com/books/694/f6oudd77.htm
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