Concept of Mal(Property)&Ownership

1. Identify the types of Ownership

1.1. Milk At-Tam(complete Ownership) -Milk At-Tam can define as total ownership,which legal ownership without beneficial ownership or vice versa.

1.2. Milk An-Naqis(incomplete ownership) -it refer as Partial Ownership.It is legal ownership without beneficial ownership or vice versa. -it divided into three:-

1.2.1. 1.haq al-irtifaq(ownership over right) -It is right on the garden for the benefit of other gardens such as the right to irrigate the fields through other people's farms.

1.2.2. 2.Haq Mulk al'ain(ownership over property) -It refers to a situation where a property is owned by one person and its usufruct by another.

1.2.3. 3.Haq Mulk al manfa'ah syakhsyi(ownership over usurfruct only) -It is complement of the second (ownership over property only).it refers to the same situation where a property is owned by one person and its usufruct by another.

2. Define Ownership -the word ownership comes from the Arabic al-milik which means mastery over something. -Al-milik also means something that belongs. -Ownership and right to property is the inherent right of a man to excercise his rights over property

3. Type of Ownership:

3.1. a.private ownership -Islam recognizes private ownership as the individual's property and permits the ownership of all types of property acquired by lawful means.

3.2. b.public ownership -it distinguish between the public ownership and government ownership of the property.

3.3. c.waqaf -Waqaf is not mentioned in al-Quran explicitly but it is implicit in the teachings of the al-Quran and Hadith.It meant to take resources away from the private ownership and allocate them to the benefits of those who need the fruits or results of such project.

4. Define Mal Haq(Right),and ManFa'ah(Benefit) -the qu'ran mentions the world al-mal (property)is not less than 86 times. -the mention repeatedly against something in the qu'ran shows their attention to something special and important. -it involved in issues related to the concept of ownership. -Haq means something is recognized by the Shariah to someone. -manfa'ah called as intellectual property which cannot be see and touch.

5. Types ofMal

5.1. -Manqul (moveable)a property that can be transferred from a place to another place.

5.2. -Ghair Manqul(immovable)or Mal Aqar is the property fixed and cannot be transferred from one place to another to another.

5.3. -Mithliy(Alike) property that have in common with other properties on the market,either in form or value.

5.4. -Qimmy(invaluable)refer to non-substitute but different in value.

5.5. -Istihlakiy(single-use) refers to anything that can be only used by chnaging or destroying its original form.

5.6. -Isti'maliy(reuseable item)refers anything can be used without changing its original form or structure.

5.7. -Mutaqawwim(valuable) refers to any property that is possess and legal in view of Shariah.

5.8. -Ghair Mutaqawwim(valueless) refer to any property that is not possessed by someone and non-permissible property.