The extent of acquisition of ownership by usurpation

Murad, Dalal Tafkeer

doi:10.63677/jqlap.2025.159421.1318

	The extent of acquisition of ownership by usurpation
AL-Qadisiya Journal For Law and Political Sciences
Article 30, Volume 16, Issue: 2 part 1, September 2025, Pages 667-688 PDF (995.13 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.159421.1318
Author
Dalal Tafkeer Murad^*
College of Law, University of Kufa
Abstract
The right of ownership is one of the most important real rights through which ownership of a thing is transferred, either with the owner's consent and will such as through contracts and wills or without consent, as in cases of preemption and accession. In other words, the right of ownership does not arise or transfer unless there is a legitimate reason for acquiring ownership, as recognized by the legislator, who attributes the acquisition of ownership to it. However, can the reason leading to the acquisition of ownership be illegitimate, based on an act of usurpation, so that the guarantee of usurpation is considered a cause for ownership Some legislations and aspects of Islamic jurisprudence have taken this approach, considering the guarantee of usurpation as a means of ownership in certain cases, provided that specific conditions are met. The purpose of these conditions is to prevent the guarantee of usurpation from becoming a tool for acquiring another’s property without their consent or legal justification while ensuring legal stability in transactions.
Keywords
Guarantee of Usurpation; Usurped Property; Usurper; Dispossessed Owner; Causes of Ownership Acquisition

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