الرافدین للحقوق (Dec 2014)

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

  • Akram Mahmoud Hussein Al-Bedou,
  • Habib Idris Issa

DOI
https://doi.org/10.33899/alaw.2014.160750
Journal volume & issue
Vol. 19, no. 61
pp. 225 – 287

Abstract

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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.