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Refers to intellectual property

Definition of intellectual property:   “All rights resulting from intellectual activity in the industrial, scientific, literally or artistic fields.” (World Intellectual Property Organization)

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Refers to the permission to use the benefit of or consume something.

Example : the permission to stay in someone’s house, to use someone’s car.

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Refer to a voluntary contribution of a special property by the owner for the benefit of the society.

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A contract of selling the benefit of a property at a specified price and period.

Ownership of the property is not transferrable.

The owner is liable for maintenance of the property.

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According to Hanafis & Malikis- It refers to giving away the benefit of something to someone without any consideration in return.

According to Shafies and Hanbalis – It refers to the permission to use the benefit of something without consideration.

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Refer to something that is

Beneficial to human.
It is part of the property.

Classified as incomplete property.

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1) Literally in Arabic al-mal means “thing that is owned by someone”.

2) This means that any goods that could be owned in the form of good or benefit is considered as al-mal.

3) According to Al–Shafie:
" It is considered al-mal if there is a commercial value in it whether it is in the form of good or benefit of which once it is intruded or destroyed, a compensation must be given to the owner.

4) According to Jumhur Ulama’ property means: “something that has values and if it is destroyed, compensation must be paid (usage by law).”

5) According to Imam Hanafi, “Al-mal is the something that is highly desired by man and could kept for long period of time.”

6) According to al-Hawi – “Al-mal is one of Allah creation that benefit the human. It could be owned or managed freely.”

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1)  Right of Allah – to fulfill the obligation example prayer, fasting, aims giving, pilgrimage.

2) Right of human being -General and specific obligation example right to claim for compensation, inheritance, maintenance, custody, contract.

3) Joint right between the right of Allah and human being example Iddah, qisas and diyat (blood money).

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1) Right which are rested on the property example right of maintenance, inheritance, jointly owned property.

2)  Right which are not rested on property example right of guardianship, custody.

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1) Moveable (manqul) and Immovable (Aqar)

2) Valuable (Mutaqawwam) and Invaluable (Ghair Mutaqawwam)

3) Homogeneous( Mithly) and Heterogeneous (Qimiy)

4 ) Consumable (istihlaky) and Usable (isti’maly)

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Hanafis – anything that could be moved from one place to another with or without changing its original form or structure.

Malikis - anything that can be moved from place to another without changing its original form.

IMMOVABLE PROPERTY (AL AQR)

Hanafis - property that can’t be moved from its original places e.g land

Malikis - anything that can’t be moved or moved without change original structured.

MAL MUTAQAWWAM (VALUABLE)

Refer to any property that possessed and legal in view of shariah

Generally all possessed property are mutaqawwam as long as they are permissible

MAL GHAIR MUTAQAWWAM
( INVALUABLE)

Refer to any property that is not possessed by someone or non permissible property. e.g fish in the ocean, khinzir

The non permissible property is however is consider as al-mal to non muslim (hanafi’s view)

MAL MITHYLY
(HOMOGENEUS)

Refer to the property in the market that have insignificant differences

Divided into 4 categories namely:

Al malikat measure capacity

Al mawzunat measure weight)

Adadiyat measure number

Al-dhariyyat measure length

MAL QIMIY
(HOMOGENOUS )

Refer to non substitutes in the market or goods that have substitute  but different in value. Such as gems.

MAL ISTIKHLAKY
(CONSUMABLE)

Refers to anything that can be only be used by changing or destroying its original form e.g. food, drink of water and etc.

MAL ISTHIMALY

Refer to anything that can be used without changing its original form/structure.

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1)  Tangible Asset (Ayn)
2) Intangible Asset

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It must be valuable.

It could be owned and useful (manfaat).

The useful item must be utilize

based on
Islamic principle for muslim

Thing that could be acquired or owned.

Things that cannot be owned,

Things that is yet to be owned but potentially could be owned by someone is also considered as al-mal.

It must be not be used against any shariah principle.

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DEFINITION OF RIGHT (HAQ) AND BENEFITS (MANFAAH)

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DEFINITION OF RIGHT (HAQ) AND BENEFITS (MANFAAH)

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1) RIGHT (HAQ)
Right (haq) means the authority which is recognized by syarak to someone.

2) BENEFITS ( MANFAAH)
Benefit (manfaah) means something that is beneficial to human being which is based on movable or immovable property such as rental, waqf and gift.