What is meant by the terms "hand placement" (possession), "holding" (usufruct), and "prescription" (statute of limitations), and do these concepts apply to the rulings on land ownership that are subject to the issue of reclamation and fossilization?
In the view of the jurists, "Wad' al-yad" (possession) refers to a person's actual control over an object, or the establishment of their disposition over it as an owner. "Al-hiyaza" (holding/seizure) is the act of taking possession of something and seizing it. "Wad' al-yad" is a broader concept than "Al-hiyaza." Linguistically, "Al-taqadum" (prescription/lapse of time) is derived from "taqadam," meaning something has become old, and it signifies the passage of time. Usurped rights do not lapse due to the passage of time. We advise waiting for the court's judgment, as it is better equipped to clarify the matter and comprehend the details of the incident.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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