This Slides will explain about the conceptual meaning of Milkiyyah and its eligibility, the differentiate types of ownership and methods of ownership establishment
This Slides will explain about the conceptual meaning of Milkiyyah and its eligibility, the differentiate types of ownership and methods of ownership establishment
1. All the matters are determined by intention (al-umur bi maqasidiha)
2. Certainty may not be disproved by doubt (al yaqin la yazul bil as-shak)
3. Hardship begets facility (al-masyaqqah tajibul al-taysir)
4. HARM must be removed (AL DARAR YUZAL)
5. Custom is a basis of judgement (al-adah muhakkamah)
1. All the matters are determined by intention (al-umur bi maqasidiha)
2. Certainty may not be disproved by doubt (al yaqin la yazul bil as-shak)
3. Hardship begets facility (al-masyaqqah tajibul al-taysir)
4. HARM must be removed (AL DARAR YUZAL)
5. Custom is a basis of judgement (al-adah muhakkamah)
MBA535 - Instructor’s Outline and Notes Module 1 1.docxandreecapon
MBA535 - Instructor’s Outline and Notes
Module 1
1. To what does property refer? Property refers directly to an object, specifically, an object that
may be owned. That object may be a parcel of land or any other item that does not consist of a
parcel of land, but which may also be owned.
If the object consists of a parcel of land only, then that property may be defined as real property.
If the object is other than a parcel of land, then that property is defined as personal property.
It is often helpful to think in terms of whether an object is movable. If an object is movable,
regardless of the size of the object, then that object is personal property. For example, the space
shuttle is personal property. Despite the enormous size and the fact that it is housed in the largest
building in the world, the shuttle itself is still movable. Further, the shuttle is not a parcel of land. It
is therefore personal property.
If the property cannot be moved, then the property must be real property. This is also true
regardless of size. For example, a 12" by 12" square of land (1 square foot) is very small;
nonetheless, it is a parcel of land, and therefore real property. Additionally, it is not movable
either; this confirms its status as real property.
Another helpful analysis tool is to first determine whether some object is real property or not. If it
is not, regardless of any other characteristics it may have, that object is deemed personal
property. In other words, all property must first be discerned as real or personal. Certainly, there
are numerous and varied types of real and personal property (which we will explore in depth at a
later period), however, initially, in all instances of sorting through any legal issue concerning
property, we must first determine whether such property is real or personal. There is no third
alternative.
2. Is an object that constitutes property always material or substantive? No. Property
distinctions divide into two distinctions; tangible property and intangible property. Tangible
property is property that is actual to our senses (may be seen, touched, physically taken into
possession, etc.). Examples of tangible property include objects such as automobiles, appliances,
clothing, and personal effects. Intangible property is the converse. Intangible property may not be
seen, touched or physically taken into possession, but rather serve as evidences of an intangible
object which contains an inherent value or right. Examples include copyrights, checks, promissory
notes and certificates of deposit.
3. What is the role of the law with regard to property? The law of business is essentially
concerned with two distinct aspects or concerns of property. The first concern is always a
determination of where ownership of the property lies. The second concern is how, or in what
manner, may ownership determine how the property may be used and/or transferred and what
limitatio ...
Personal PropertyThis week’s lectures will focus on tangible pro.docxdanhaley45372
Personal Property
This week’s lectures will focus on tangible property. There are two main divisions in property: the law dealing with real property (land and items permanently attached to land) and the law dealing with personal property (all other items). The essence of property law is ownership. This ownership may be held outright, or it may be held in common with others as a joint tenant. Ownership interests are acquired in many ways including by possession (in the case of wild animals hunted or finding lost and abandoned property), by production, or by gift. A gift is a voluntary transfer of property ownership not supported by consideration.
There are three elements to a valid gift:
· Donative intent- this is ascertained by the language of the donor and the surrounding circumstances.
· Delivery- this requires giving up dominion and control of the item. With some items, constructive delivery may be applied. This is true, for example, in the situation where a key to a car is given symbolizing that the car has been given.
· Acceptance- the donee must accept the gift. This is generally assumed.
Gifts are ordinarily unconditional. However, the gift may be conditional in some situations. A gift causa mortis, for example, is a gift given in anticipation of death. If the donor (gift giver) does not die, the gift becomes invalid.
Mislaid, lost or abandoned property presents difficult challenges in the area of personal property law. Mislaid property gives the owner—not a random finder—the first claim to the property. Mislaid property is property that the owner did not intend to lose. However, if the owner does not claim the property the finder may keep it. Lost property is treated similarly. The owner has the first claim. However, the finder may keep it if the owner does not claim it (many states require the finder to seek out the owner). Finally, property that has been intentionally abandoned is the finder's, as the owner is presumed to have surrendered all rights in ownership in possession.
The final area of law we need to discuss is bailments. Bailments are created when an owner gives possession (but not ownership) to another temporarily. Most bailments are created by agreement. And although the elements of a contract may be present, this is not necessarily true except in the case of a commercial bailment, for example, where a patron gives a suit to a dry cleaner. The bailment is created when:
· Personal property is;
· Delivered without title;
· Under an agreement that property be returned to the bailor or otherwise disposed of according to the owners instructions.
Delivery requires the bailee to surrender exclusive possession and control to the bailor who must accept the property. The agreement does not need to be in writing for bailments lasting less than a year. The bailment gives the bailee certain rights including the right of temporary control and possession of the bailed property, use of the property for the purpos.
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FM - Property
1. PREPARED BY: MOHD SHARAMADAN AQMAL MAT SAAT MOHD ASYRAF ABDUL RAHIM MOHD AZHARI NASOHA MOHD ARIF ZULKIFLI
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9. (al-baqara: 188) And do not eat up your property among yourselves for vanities, nor use it as bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people's property.
Man as khalifah is not the primary owner of mal, he is just trustee. Berimanlah kamu kepada Allah dan RasulNya dan belanjakanlah (pada jalan kebajikan) sebahagian dari harta benda (pemberian Allah) yang dijadikannya kamu menguasainya sebagai wakil. Maka orang-orang yang beriman di antara kamu serta mereka membelanjakan (sebahagian dari harta itu pada jalan Allah); mereka tetap beroleh pahala yang besar.
Everyone must acquire maal rightfully in a manner indicated by the Al Quran and Sunnah.
Disposal of mal should also be done in accordance to Syariah. Dan tuntutlah dengan harta kekayaan yang telah dikurniakan Allah kepadamu akan pahala dan kebahagiaan hari akhirat dan janganlah engkau melupakan bahagianmu (keperluan dan bekalanmu) dari dunia dan berbuat baiklah (kepada hamba-hamba Allah) sebagaimana Allah berbuat baik kepadamu (dengan pemberian nikmatNya yang melimpah-limpah) dan janganlah engkau melakukan kerosakan di muka bumi; sesungguhnya Allah tidak suka kepada orang-orang yang berbuat kerosakan.
