OWNERSHIP:

The ultimate and exclusive right conferred by law claim or title, and subject
to certain restrictions to enjoy, occupy, possess, rent, sell, use, give away or
even destroy an item of property.
Ownership is created between person and right, without ownership no sale of
the property can occur. Ownership refers to the relation that a person has with
an object that he owes. It is an aggregate of all the rights that he has with
regards to that said object.
Concept of ownership flows from the possession. In primitive societies there
was no concept of ownership. The only concept they knew was of possession.
It was only after that they started down by building homes and cultivating
land that they developed the idea of ownership.

TYPES OF OWNERSHIP
There are 6 kinds of ownership:

1-CORPOREAL OWNERSHIP:
Corporeal ownership implies ownership of a thing (material
object).Corporeal ownership is of that object which is tangible in nature.i.e.
house, land, car, etc. The subject matter of the right may be movable or
immovable.

2-INCORPOREAL OWNERSHIP:
Incorporeal ownership implies ownership of a right.Incorporeal
ownership is that which is intangible in nature. Shares in a company, patent,
copyright, right of lease are examples of incorporeal ownership.
 3-SOLE AND CO-OWNERSHIP:
When a property is owned by only one legal owner it is called sole
ownership. If one person owns land or property, he or she is the sole legal
owner.Example: A person owns a car.
When a property is owned by two or more legal owners it is called co-
ownership or joint ownership. All the co-owners own the whole of the
property collectively. Example: Partnership of business between three
partners.

4-TRUST AND BENEFICIARY:

When one person take advantage of others property.Like tenant he
enjoys the property of owner here tenant is beneficiary and owner is trust.

5-LEGAL AND EQUITABLE:

A asked B to give him 10,000.B agreed and give A 10,000 here B is
legal and A is equitable.B has a right and A has obligation to return the
money.

6-VESTED AND CONTIGENT:

Vested ownership is direct ownership.Like after husband death the
property of husband directly transfer to his wife.
Contigent ownership is indirect ownership.Like husband put a
condition that after his death his property will be transfer to his wife if she
will not marry again and if she marry again the property will be transfer to his
children.
ESTABLISHING TOTAL OWNERSHIP:
There are 4 ways permitted in Islam of establishing total ownership:
1) claiming commonly accessible property
2) contracts
3) succession
4) derivation from owned property
 COMMONLY ACCESSIBLE PROPERTY:
• This refers to property that initially is ownerless and is eligible for
ownership (e.g. water in its spring, trees and tree-wood in ownerless land,
wild animals, and fish in the sea)
• There are two main ways of claiming such property: - other than acquisition
through ownership transfer from one to another, any way which is the only
means of establishing ownership of that which is previously ownerless -
physical possession without the need for language; any individual (regardless
of capacity to contract) may acquire ownership thus; this occurs when
ownership by way of contracts (with its necessary language) may not be
possible, or may be suspended (pending the approval of another, depending
on capacity)
CONTRACTS:
• This refers to the transferring of ownerships through contracts
• This is the most important and commonly used means of establishing
ownership (e.g. sales, gifts, wills, etc)
• There are two types of obligatory contracts which result directly in
ownership:
1) obligatory contracts performed by legal authorities on behalf of the owner
(e.g. selling property to repay debts, confiscating illegal property)
2) obligatory nullification of ownership
SUCCESSION:
• There are two ways for succession ownership to occur:
1) inheritance (al-‟irth)
2) succession of properties owned by the same individual for compensation
(tadmin) for destroyed, usurped, or adversely affected property – this
category includes compensations for crimes (e.g. diyah or blood-rites where
transgressor compensates transgressed by giving ownership of some
property)
DERIVATION FROM OWNED PROPERTY:
• This is where the owner of a property automatically acquires ownership of
all new properties derived from it – either caused by the owner’s actions or
by natural causes