الحيازة العقارية وأحكاميا وآثارىا-" د ا رسة مقارنة في الشريعة والقانونين السوداني والصومالي".

Abstract

This study is entitled: "Possession of Real Estate, its provisions and its effects", a comparative study of Shari'a between Sudanese and Somali law. This study is divided into four chapters as follows: Chapter one: basics of research and previous studies, according to the university methodology, chapter two: the definition of possession, statement of some words related to the possession, its importance, types, to clarify the difference between ordinary and allocated possession, also the study showed the real estate and the method of ownership in Islamic jurisprudence and law. Chapter three is about: definition of possession, its terms, conditions and elements, its transfer and its disappearance in the Sharia and Sudanese and Somali law, chapter four, is summarized in " Statement of claims possession and effects of possession in general, where the researcher dealt with the prevention of exposure, and the claim to stop the new procedure, and the claim for recovery, and also dealt with the effects of real estate acquisition in the jurisprudence and law of Sudan and Somalia, study examined the judicial stability in the courts of Somalia and Sudan, this study aims at explaining the role of the Sudanese and Somali legislators in regulating the tenure of real estate in general, and uncovering ambiguities and inconsistencies in the rules governing them, so as to revealed the views of Islamic jurisprudence in this regard, in order to achieve any reform of the rules related to it, and to achieve these goals, the researcher used sources and references related to the subject of the research, which contains: Scientific books, theses, scientific research which published on websites, judicial journals, this study based on inductive, analytical and comparative method in order to solve the problem of this study. The study has many conclusions and recommendations recommended by researcher.