Acquisition of Ownership Due to Guarantee in Comparative Legislations

Abstract

Compensation is one of the fundamental topics addressed by the rulings of Islamic law and the principles of civil law. Compensation has its own regulations within the realm of civil liability, in both its contractual and tortious forms, especially concerning personal rights. Furthermore, it plays a role in property rights, as it serves as a cause for ownership according to the provisions of some civil laws. This notion aligns with a perspective in Islamic jurisprudence that has its own rules and applications. This study aims to shed light on "compensation as a cause of ownership due to guarantee in comparative legislations," following a descriptive, analytical, and comparative methodology. The study clarifies the concept of guarantee as a cause of ownership, the origin and conditions of ownership due to compensation, the stance of contemporary legislations on acquisition of ownership through guarantee, and the position of Islamic law regarding ownership through guarantee. The research concludes with several key findings, including: the Saudi legal system has stipulated guarantee as a cause of ownership, provided that its conditions are met. A similar approach has been adopted by several Arab civil laws, while the majority of Arab laws have not embraced this concept. Additionally, a school of thought in Islamic jurisprudence holds that guarantee is a cause for the acquisition of the guaranteed and damaged property if it is something that can be owned, cannot be returned, and is not used as a pretext for deceit, manipulation, or unlawful acquisition of assets. May God grant success.