Assessment Of The Status Of Innovation In The Partition Of Joint Ownership In Islamic Fiqh Doctrine (The Sample Of Partnership And Joint Lands)

As well as being a legal issue, joint possession ownership causes some problems by means of their right of disposal, so there exists a constant tendency of changing over to individual ownership for each of partners of joint ownership. As a matter of fact the obligation of using any right with intervention of another person is unsuitable by means of freedom and self-interest natures of human being. Thus it is generally preferred to change over to individual ownership system from joint ownership system unless there exists any special reason necessitating the solidity of joint ownership. The principles related to the techniques and procedures of this change are investigated under the topics of portion/partition in classical fiqh doctrine. Partition is a legal process which enables terminating joint ownership and allowing permissive right of disposal for each partner over his/her own stock. This process occurs generally either by a decree or by any agreement between the counterparties which occurs by common accord. Terminating a joint ownership occurs either by verbatim or by muhayye or in return for a charge. The case of partition of joint ownership takes up a significarit position. in many regions, there are serious problems on the partition of innovation (major) right of joint ownership. The studies conveyed in Islamic fiqh doctrine on the partition of joint ownership are rather restricted. In this context, the situation of the right of innovation (which belongs to major land/Superficies solo cedid) for those lands those are subject to joint ownership and the regulations of Islamic fiqh doctrine on this topic are always concerned about. In this study it is aimed at conveying an investigation on the situation of innovations on the partition of lands which are subject to joint ownership (partnership or jointly).