Reasons for Acquiring Defective Property in Afghan Civil Code and Islamic Shariah

Abstract

Defective property can only be interpreted as an object’s property or only the property’s benefits, which ultimately include easement and usufruct rights. This research paper discusses the means of acquiring the rights of usufruct in four states (contract, will, preemption (Shofa), time- lapse). The means of acquiring easement rights are discussed in three states (public sharing, contractility, and time- lapse). The research study aims to understand what points Islamic jurisprudence has focused on in the definition of defective property and by what means individuals can acquire defective property. This work employs doctrinal research methodology and a descriptive, explanatory, and analytical research approach. It is worth mentioning that this part of the research was entirely based on library sources. The primary sources included the Afghan civil code. The secondary sources included jurisprudential textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. On the one hand, this research will solve the existing problems regarding the means of acquiring defective property to a certain extent, and on the other hand, it will pave the way for more research in this field. It is concluded that the reasons for acquiring defective property in terms of the right of usufruct include: contract, will, intercession, inheritance and others. in terms of the easement rights these reasons include common sharing, contractual requirements and the time-lapse.