المصادرة وتطبیقاتها بین الشریعة والقانون | ||
| Anbar university Journal for Islamic Sciences | ||
| Article 1, Volume 4, Issue 3.2, November 2013, Pages 326-395 PDF (1017.39 K) | ||
| Abstract | ||
| The most important outcomes of the present paper are; 1. Confiscation is a word derived from the verb "Sadar" on the meter "Faal" to mean insistence and dispute according to some linguists, for others, it means that the state confiscates fortune and belongings as a penalty for the owner (as in Al-Mujma Al-Wasseett). It has been defined as a terminology with many definitions so that the reader can choose among them as he might disagree with the researcher and choose another definition. 2. Confiscation has other connotations such as fine which is closely related to confiscation as both of them mean to take fortune as a penalty for its owner. 3. The fortunes of someone in charge which were taken without any justifiable reason should be obeyed on condition that this obedience is not violating any holy book or tradition. 4. Transgression of the government borders because they are common possession. We have previously mentioned the ideas of the well-knowledge people and their proof in their affair. It is not allowed to take fine from the violators at the traffic direction. 5. The possibility of confiscating the fortunes which are contrary to the Islamic Code especially those which do much harm to the society on condition that their confiscation should not occupy all his transferable and non-transferable fortunes so as to leave children and women without any lodging. 6. It is possible to damage the cheated goods. Some other jurists say that it is possible to give alms to the poor from it. | ||
| Keywords | ||
| Confiscation; Application; Sharia | ||
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