The Theory of Arrest and its Jurisprudential Applications

Document Type : Original Article

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PhD student in the Department of Jurisprudence, College of Sharia Imam Muhammad ibn Saud Islamic University

Abstract

This research addresses "The Theory of Possession and Its Jurisprudential Applications", a significant topic in Islamic jurisprudence. It aims to establish an integrated theory of possession that encompasses its definition, pillars, conditions, characteristics, and legal objectives, supported by evidence from the Qur’an, Sunnah, scholarly consensus, and rational principles. The study begins with an introduction outlining its importance and structure, divided into eight chapters. The first chapter defines “theory” and “possession” linguistically and technically, as well as related terms. The second discusses the legitimacy of possession, while the third presents its classifications. The fourth covers its pillars, and the fifth discusses its conditions. The sixth addresses its characteristics, followed by the seventh which outlines related jurisprudential principles and objectives. The final chapter presents practical applications. The research concludes that possession constitutes a foundational legal concept covering key jurisprudential and legal issues, involving control over an item in fact or judgment. It is a condition for the validity of sales and plays a vital role in ownership and dispute resolution. The study recommends further development of this theory in line with contemporary financial practices.

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