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Title مشترکہ عوامی ملکیت کے پاکستانی قوانین: اسلامی تناظر میں تجزیاتی مطالعہ

Author(s) Waqas Ahmad Khan

Abstract An Analytical Study of Pakistani laws of Joint Public Property in the Islamic Context Abstract: Allah Almighty created the earth and everything in it for the needs and benefit of humankind. The real owner is Allah, however, Shariah has granted humans the right of temporary ownership, but this right can only be acquired through the means prescribed by Shariah, such as possession, contracts, inheritance, and production. Without these means, establishing ownership over anything is not permissible. However, there are certain things that fall under the category of publicly permitted resources (mubahat ‘ammah) in which all people are equal partners, such as water, fire, pastures, and pathways. In Islamic legal terminology, this concept is called Shirkat al-Ibahah, while in common language it is referred to as public common ownership. This dissertation analyzes the fundamental issues regarding what Shirkat al-Ibahah (public common ownership) is, which items fall under it, and what principles and rulings have been mentioned in the Quran and Hadith regarding them. The research also examines examples from the early Islamic society as well as modern forms, such as parks, canals, tube well water, forests, and other public utilities. Furthermore, the study reviews the official laws formulated in Pakistan regarding these modern forms, in order to determine the extent to which these laws conform to Islamic principles and where reform is needed. Since the concept of public common ownership is directly established from the Qur’an and Sunnah, there was a lack of juristic guidance concerning new situations arising in the modern era. To fill this gap, this research has utilized the primary sources of Shariah and authentic juristic texts to conduct a scholarly analysis of these new forms, so that their Shariah rulings can be determined in accordance with contemporary requirements. Keywords: Partnership,public property, Shirkat al-Ibahah, Modern forms of public common ownership, Pakistani laws, Publicly permitted resources.

Type Thesis/Dissertation MS

Faculty Social Sciences

Department Islamic thought & Culture

Language Urdu

Publication Date 2025-10-14

Subject Islamic Studies

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