( حکم توریث الأراضی الزراعیة بین الشریعة والقانون العراقی- دراسة مقارنة-)

الجبوری, الدکتور/ صالح یاسین عبد الرحمن

	( حکم توریث الأراضی الزراعیة بین الشریعة والقانون العراقی- دراسة مقارنة-)
Kirkuk University Journal: Humanity Studies
Article 11, Volume 15, Issue 2, 2020, Pages 178-194 PDF (514.68 K)
Author
الدکتور/ صالح یاسین عبد الرحمن الجبوری
Abstract
AbstractAfter studying this issue of agricultural land in Islamic law and comparing it with the Iraqi law that he talked about in some legal articles, and comparison between them he found that the designations differ between the Sharia and Iraqi law, which did not include those designations in the first place except for some partial designations, as well as some agreed to take the fee from The farmers who meet this in Islamic law is the abscess, which considers that the land does not belong to those who grow it. The researcher reached some results, including: Islamic law divided the agricultural lands into outlying and decimal lands, and they have their own types found in the folds of the research. Feudal lands were also included under these names, and they were not a separate section comparable to these two sections, because they are considered the state of the neighborhoods, which is one of the reasons for owning the land and they have their own provisions and are within the decimal land. The princely lands were also included under these two sections as well as the lands of the feudal lands, whereby the imam may pay the princely land for cultivation, either by establishing them as the landlords in agriculture and giving the abscess, or leasing it to farmers as much as the abscess, and may fall under the name of the abscessed lands.

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