The concept of shared ownership and its adaptation

Section: RESEARCH
Published
Aug 4, 2025
Pages
1-40

Abstract

Shared ownership raises many disputes between partners because of the specificity of this type of ownership. Each partner has a full share, and this share relates to every part of the shared money and at the same time is considered as a foreign to the shares of other partners. This equation has made it difficult for partners to use shared money, so there are several ways to use shared money to ensure equity and equality among partners, and the beneficiary is one of these methods, but the most justice. The partners share the shared benefit of money, The Iraqi legislators organized their provisions in articles 1078-1080 of the Iraqi Civil Code, as well as by the Egyptian, Syrian, Yemeni and Egyptian legislators, and the United Arab Emirates legislator because it is the most common picture among partners to eliminate the overlap that this type of ownership raises. However, civil law has overlooked a number of important aspects of Islamic jurisprudence when organizing joint ownership. In this study, we wish to shed light on these aspects and to clarify the position of Islamic jurisprudence and the comparative laws of shared ownership,

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