Explaining the establishment of temporary ownership from the perspective of Islamic jurisprudence and Iran's subject law

Subject Areas : Islamic law

Abdollah Rahimkhani ¹ , Rahim Sayah ^{2 *} , Younes Vahed Yarijan ³

1 - PhD student, Department of Islamic Jurisprudence and Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2 - Assistant Professor, Islamic Jurisprudence and Law Department, North Tehran Branch, Islamic Azad University, Tehran, Iran / Member of the Faculty of Oil Industry University, Ahvaz Oil Faculty. (Responsible author)
3 - Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.

Received: 2023-10-10 Accepted : 2023-11-23 Published : 2025-09-04

Keywords: Temporary ownership, time contract, allocative ownership, royalty,

Abstract :

Temporary ownership can be proposed as one of the important issues in the jurisprudence of Fariqin due to the characteristic of the durability of ownership. Temporary ownership refers to a special type of ownership transfer contract in which the ownership is transferred to the buyer on a temporary basis from the beginning. Based on this definition, the property of a person is permanent and is continuously repeated with the passage of a certain period of time. With the aim of explaining the essence of ownership in the Islamic legal system based on monarchy, the research seeks to answer the jurists who have questioned temporary ownership. Those who believe in temporary ownership have accepted its legitimacy by arguing on the basis of generality and applying evidence, jurisprudence rules with the focus of taslat and abahah, sira and rational concentration. On the other hand, those who claim the illegitimacy of temporary ownership have cited documents such as the unreasonableness of temporary ownership, reference to the rule of tasilat, the impossibility of separating ownership from ownership, and the unprecedented nature of temporary ownership in Sharia law. The current study, with descriptive and analytical method, aims to explain the incorrect idea of time ownership and take measures in the face of similar concepts such as time contract, temporary ownership in the context of explaining the sameness and heterogeneity of the points of view of jurists in the aforementioned field. As a result, temporary ownership is the provider of the most perfect type of unconditional