الحيازة وأثرها على الملكية: دراسة مقارنة

Abstract

This study is about adverse possession and its effect on owner- ship. It is a comparative study between Islamic sharia and manmade laws. The study is divided into four chapters: The first chapter lays out the frame work on which the whole study stands. while the second one discusses the concept of owner ship , its rules, types, it’s ways of protection and its grounds as outlined in Islamic sharia and the manmade laws. The researcher tackles the third chapter presenting a study about concept of adverse possession, it’s rules, conditions, elements, transfer and how it ceases both in Islamic sharia and the manmade laws. The final chapter points out the effect of adverse possession and statute of limitation in acquiring owner ship in Islamic sharia and manmade laws. Amongst other objectives, the researcher aims at obtaining a post graduate degree besides solving the research problem through completing this study. The research boils down to clarifying rules of ownership in general and the adverse possession in particular as they both make a vital part of this work. The researcher has employed different sources and references for the purpose of this study, Such as books, scientific papers, laws and judicial journals. A summary is given at the end of the study outlining some results and recommendations as reached to by the researcher.