Is it permissible to adopt the Maliki school's view on acquiring real estate ownership through usucaption (وضع اليد) for a period of ten years, based on the hadith "Whoever possesses something for ten years, it is his" - despite Al-Albani's weakening of the hadith - especially given that the Ibadi and Hanbali schools have transmitted the same ruling and evidence?

Scholars are in agreement that it is impermissible to seek out dispensations and follow different schools of thought merely to find ease and pursue one's whims. The Malikis and others based their affirmation of ownership through possession and de facto control for a known period on hadiths such as: "Whoever revives a dead land, it is his," "Whoever cultivates a land that belongs to no one, he has a greater right to it," and "Whoever builds a fence around a piece of land, it is his." Jurists have agreed that revival (i.e., cultivation/development) is a cause for ownership, but they differed on the duration after which the right of an absent owner lapses. Some limit it to three years, while the Malikis specify ten years or so, provided that the possession was based on a legitimate legal right and was not contested. However, mere possession without a valid basis is not beneficial. If the period elapsed and the owner had a valid excuse for his silence, judgment would be in his favor; otherwise, his right would lapse. This matter is judicial and entrusted to the discretion of the judge.