قاعدة تصرف المالك في ملكه لا يتقيد بشرط السلامة وتطبيقاتها الفقهية
Date
2020-06-11
Authors
صابرين جهاد حسين عواوده
Sabreen Jihad Hussein Awawdeh
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
In my research, I dealt with this rule of jurisprudence that guarantees the private property of the owner, namely, a rule: “The owner’s disposition of his property does not adhere to the condition of safety,” and its jurisprudential applications, because originally a person disposes of his property, and it is a pure right for him. I mentioned this rule In the books of jurists in different chapters, and in various terms and formulas, and this indicates the extent of their comprehensiveness, and that they are an argument and proof inferred in many doctrinal issues. And I showed the difference between them, and then mentioned the benefits of jurisprudence.
Then I explained and studied the terminology of the rule, its content, and the overall meaning of it, as the rule benefits legal provisions based on enabling the owner to dispose of his property, he is the decision-maker in his actions, and he has the right to enjoy what he owns, and the right to the right to his actions, and grant him the right to own property, has I have explained the legitimate reasons for possessing a person: “attaining patios”, “contracts”, “backgrounds”, “giving birth to property”, and other things that are prohibited by Islamic law: such as ownership through injustice, and exploitation, in order to harm others, and restrict them in their behavior As for permissible, it does not fall within the circle of this rule, because permissible adherence to the condition of safety, stinginess F-Duties and Rights.
As it dealt with in the research the legitimacy of the rule "the owner's behavior in his property does not adhere to the condition of safety"; it is based on evidence from the Noble Qur’an, the noble Sunnah, measurement, and desirability, and I have briefly mentioned other forms of the rule, and its relationship to the theory of abuse of the right to use.
Then after some doctrinal applications mentioned on this rule, attempting to diversify into the doctrinal chapters; I mentioned from the section of transactions: the issue of including the guardian if he disposed of the orphan's money with a decrease in the value of the sale, and the issue of forced pricing.
For the sake of felonies: the issue of self-defense, the question of the deficient physician’s fault, and the scholars mentioned many issues.
This study relied on the analytical inductive approach, and followed in studying the jurisprudence applications its study of a comparative jurisprudence study, by extrapolating the opinions of jurists from their original approved sources, and then analyzing them and clarifying the subject of the dispute in them, presenting their evidence and discussing it, and weighting the strongest evidence in its evidence, and then mentioned Al-Qaeda's effect on the matter.
What I have found is that a person has the most sincere right to act, but is restricted in not arbitrarily using it, because this right is restricted to not harming others.