conveyancing (التَّمْلِيكُ)

conveyancing (التَّمْلِيكُ)


أصول الفقه الفقه

التعريف :


To enable a person to own something and do what one likes with it.

المعنى الاصطلاحي :


Transferring the possession of something to someone else, who, in return, takes possession of it and owns it independently

الشرح المختصر :


"At-Tamleek" (Transfer of possession): to empower someone by granting him independent authority over money or anything similar. Through this transfer, that person will also reap all the benefits produced by this item, like its harvest and its fruits. He will have full authority to act in the parameters of what is permissible. At-Tamleek can be divided into two categories: 1. Possession of specific places such as houses and land through something in exchange for it, like a sale, or without something in exchange, such as a gift or charity. 2. Possession of intangible benefit like "allowance" to use a house without owning it. The benefit of this type is linked to something intangible. It can be done in exchange of something, such as rental contracts, or it can be without an exchange, as in loaning or borrowing. If legal ownership is established, it is either for an unlimited period as long as there is no sudden transfer of ownership that may occur because of legal reasons, such as legal contracts or the likes; or it is for a temporary period, such as ownership of benefits in a rental contract.

التعريف اللغوي المختصر :


"Tamleek": transfer the possession of something to someone else. Other meanings: to give in marriage.