Real estate documentation and its importance in Islamic jurisprudence and law
Journal: Journal of Social Sciences (COES&RJ-JSS) (Vol.8, No. 1)Publication Date: 2019-01-01
Authors : Habis Motreb Hdisan Shammari;
Page : 63-89
Keywords : Documentation; Certificate; Ownership;
Abstract
There is no doubt that dealing with people from the sale, purchase, lease and other contracts is necessary and inevitable, and the society does not dispense with them in any way. The wisdom of God necessitated the enactment of these transactions and contracts governing the relations. In the various types of transactions and exchanges, and to ensure that everyone has the right, and documentation is one of the important and necessary means to ensure that; in order to resolve the dispute and conflict that may prevail these relations; God revealed any Koran is the religion which is the longest The Koran where the foundations laid. The documentation is a science in which the Arabs excelled, and increased interest after the emergence of Islam and the spread of writing in the Arabian Peninsula, and the attention of jurists of old and recent and put a lot of rules and foundations and the provisions relating to the provisions of the notary and the writing of the document so that rights holders to know their rights and obligations May be taken by some as a means of repudiation of the obligation of the contract or agreement; because of the nature of human frailty and love of self and injustice and longing to the debris of the world fleeting, as well as certification and mortgage and other means of documentation The researcher has followed the method of inductive and analytical, through the extrapolation of legal texts and their analysis and knowledge of the provisions related to them, and the study has concluded that the documentation of all kinds of means used to strengthen rights in conflict, and has a significant role in the preservation of rights and maintenance of the arrogance.
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Last modified: 2020-05-19 17:11:37