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.
