What is the difference between right of ownership (haqq al-raqaba) and right of usufruct (haqq al-manfa'a)? Thank you.
The right of ownership (haqq al-raqabah) means possessing the asset itself and having the right to dispose of it through sale or gift. As for the usufructuary right (haqq al-manfa'ah), it is the ownership or permission to use the benefit of the asset only, such as in a lease or a loan (of an object). This is evident in the sale of a house with the exception of its usufruct for several months, where the buyer owns the asset itself (al-raqabah) and the seller owns the usufruct (al-manfa'ah). An example of this is a lifetime grant ('umra), where the grantee (al-mu'ammar) owns only the usufructuary right, not the asset itself, so if he dies, the asset returns to the granter. Similarly, with a waqf (endowment), the beneficiary (al-mawquf 'alayh) owns the usufructuary right without the right to dispose of the asset itself, because a waqf is the detention of the principal and the dedication of its usufruct.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/123713
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 123713
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy