Private Property (Maal)

The word mal and its derivatives are mentioned 83

times in the Qur'an and in numerous ahdith.
The lingual meaning of the Arabic word mal includes
all things which can be acquired, possessed, and
owned by individuals.
Private property (mal) includes all permissible things
which have financial value, for the destruction of
which a person is held responsible.
The Mejelle states: Mal is a thing which naturally is
desired by man, and can be stored for times of
necessity. It includes movable and immovable
property

Classification of Property

1. Valuable (mutaqawwim) and non-valuable

properties
2. Immovable (iqar) and Movable (manqul)
Property
3. Similar (mithli) and Dissimilar (qimi) or
Homogeneous and non-Homogenous
Property
4. Usable (istimali) and Perishable (istihlaki)
Property
5. Cash (nuqud) and Goods (urudh)
6. Tangible and Intangible properties

Valuable (mutaqawwim) and non-valuable properties

Valuable (mutaqawwim) property

All permissible things
Things that are possessed and secured.

Non-valuable properties
Prohibited things such as pork and wine.
Birds in the sky, fish in the sea, and
minerals beneath the earth are also
considered non-valuable properties until
and unless they come to the possession of
an individual.

Immovable (iqar) and Movable

(manqul) Property
Immovable property (iqar) includes land and anything that is
permanently fixed to it, such as buildings.
Movable property, on the other hand, is a property that can be
moved from one place to another such as money, animals, books,
car, etc.
Movable (manqul) properties can be transformed into immovable
properties and vice versa.
the right of pre-emption (shufah) can only be exercised with
regard to immovable properties.
In cases of bankruptcy, in order to settle the debts of a bankrupt
person, initially his movable properties are sold and later
immovable properties.
A guardian cannot sell a minors immovable property except for
settling the minors debt, or for his essential needs or for his
higher interest.

Similar (mithli) and Dissimilar (qimi) Property

Similar (mithli) or homogenous property is a property

that can be replaced such as , money, rice, wheat, corn,
barley, salt, oil, etc.
Mithli properties are sold by weight or measure, by litres,
or by numbers such as dozens.
Dissimilar or non-homogenous (qimi) property is a
property the like of which could not be found in markets
such as, houses, animals, trees, precious stones, used
cars or books, hand-written books and etc.
Mithli properties are considered obligation (dayn) while a
Qimi property is classified as a specific thing (ain).
both riba al-nasiyyah and riba al fadhal may arise with
regard to mithli properties (ribawai properties).

Usable (istimali) and Perishable

(istihlaki) Property
Usable (istimali) property is a property that
would remain after if is used such as land,
car, cloth, books.
These properties can have a continuous flow of
usufruct and therefore can be leased.

A perishable (istihlaki) property is a property

that could only be used once.
It does not survive the first use. For example,
food, water, petrol, paper and money.
Perishable property cannot be rented out.
However, they can be lent or borrowed.

Cash (nuqud) and Goods (urudh)

Cash (nuqud) refers to gold, silver, and
currencies.
Goods (urudh) refers to those merchandise
goods which are not weighable or
measurable such as silk or cotton cloth,
shows, watches, computers, etc.
In partnership contracts such as
musharakah and mudharabah the partners
should contribute in cash and not in goods.

Tangible and Intangible properties

A tangible property refers to a corporeal property
that has its own physical existence such as a book
or a computer.
An intangible property does not have its own
physical existence such as services, financial rights
and intellectual properties.
intellectual properties refer to all those that result
from the exercise of human intellect such as
inventions, designs, trademarks and good will or
reputation.
The protection of intellectual properties through
patents.